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Full text of "The criminal recorder; or, Biographical sketches of notorious public characters;"

1 



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CeorceAllen 



T" * 



CRIMINAL RECORDER; 



OR, 

38to0rapf)tcal gfcetrtjes 

OP 

Notorious Public Characters ; 

INCLUDING 

Murderers, Incendiaries, Highwaymen, Housebreakers, 

Traitors, Defrauders, Footpads, Coiners, 

Pirates, Rioters, Pickpockets, Receivers, 

Mutineers, Sharpers, Swindlers, Extortioners, 

AND OTHER NOTED PERSONS 

WHO HAVE SUFFERED THE SENTENCE OF THE LAW FOH 

CRIMINAL OFFENCES. 

Embracing a Variety of 
CURIOUS AND SINGULAR CASES, ANECDOTES, &c. ; 

WITH OCCASIONAL NOTES s 

TO WHICH IS ADDED., 

AN ACCOUNT OF THE VARIOUS PUNISHMENTS INFLICTED ON 

THOSE WHO TRANSGRESS THE LAWS OF 

THEIR COUNTRY; 

With a Description of the Crimes by which those Punishments are 
incurred, &c. alphabetically arranged under appropriate 

. Heads, and illustrated with Portraits, and * 

other Engravings. 



BY A STUDENT OF WE INNER TEMPLE. 



VOLUME THE FOURTH, 



ALBION PI ESS: 
PUBLISHED BY JA fiS CUNDEE, 

I VY-L A jy^flptflfcrt N03TE R-HO W 



) 



. >, . 




iV PREFACE. 

J 

Martha A l d e n , at the Norfol k assi zes, for 
tiie murder of her husband (1807) ; John Hol- 
low ay and Owen Hacgerty for the mur- 
der of Mr. Steel, four years after it was perpe- 
trated, with an account of the several melan? 
choly accidents which happened on the day of 
execution (1806) ; John Maycock for th« 
murder of Mrs. Anna Maria Foley (1807); 
Ri c hard Patch for the murder of Mr» 
Blight (1806) ; Francis Smith for the mur- 
der of Thomas Millwood, a supposed ghost 
(1804); John Robinson, at the Yorkshire 
assizes, for the murder of Susannah Wilson, his 
servant, whom he had seduced (1807) ; Georgs 
Foster, Samuel Mitchell, and George 
Allen, for the unnatural murder of their 
children, &c. (1802—1804—1806); Stephen" 
Stilwell, at the Surry assizes, for the murder 
of his wife (1803); Reumond— Hawley — • 
M'Intosh — Rourke, and Russell, for higli 
treason in Ireland (1 804) ; Jenkin Ratfokd 
■for mutiny, &c. (1807); Francis Finlay, 
Joseph Jackson, Anne Hurle, Provi- 
dence Hansard, John Harding, Wil- 
liam 



PREFACE 

LUM HONEYMAN, and RoMNEY RoU V E-L E T T „ 

for forgery (1802—1804—1805—1806;) Ro- 
bert Aslett and Richard Haywood for 
felony (1803 — 1805); Robert Smith for rob- 
bing hackney-coachmen (1803) ; Hekry Per- 
fect for swindling (1804); &c. &c. These 
are all arranged alphabetically agreeable to our 
former plan, and in those cases where more than 
one malefactor has been concerned, the reader is 
referred to the name where the account of the 
trial, &c. is given. 

From this cursory view, it cannot be pre- 
sumption to say, that the contents of the pre- 
sent Volume are equally, if not more interesting 
than any of the former ones. Without this 
Supplement, the Criminal Recorder could 
not possibly be deemed a finished Work. It 
will now be found a useful book of reference 
for extraordinary trials from a century past 
down to the present time — and, it is to be hoped, 
that the recent examples which have been made 
of delinquents, as herein described, may be 
the means of guarding youth against similar 
offences. Long, long may it be, sincerely 

prays 



VI PREFACE, 

( 

prays the Editor — before circumstances again 
occur to render it necessary that the Criminal 
Recorder should exceed Four Volumes! 



A. p. 

Inner Temple, 
January, 8, 1809. 



VII 



CONTENTS. 



Akow, Andrew •«•• 1 

Aiden, Martha 3 

Allen, George 12 

Almond John ...... 15 

Aslett, Robert ...... 1? 

Barber, Elizabeth 34 

Barton, Richard • • • • 58 
Beatson, John ...... ib. 

Bevari, George 45 

Bridge, William • • • • ib. 
Bucknell, Thomas* • • • ib. 

Burrows, John ib. 

Byrne, J. ib. 

Carney, Michael • • • • ib. 

Cajder, George 54 

Carpenter, J. ib. 

Clare, Thomas ....... ib. 

Ciarke, Samuel 58 

Cock, Henry. • • • v • • ib. 

Cubitt, William 68 

Dodds r Christopher * * 71 

Dransfield, G. ...... ib. 

Duncan, William .... ib. 

Faulkner, Richard • • ib. 

Fennell> John ...... 73 

Ttnlay, Francis 

Fisher, William •< 

Fordh^m, John* •'• < 

Foster, George 

Freeman, William* 

Gardner, Peter. • • « 

Godfrey, Elj2abetb 



81 

86 

87 

93 

104 

105 

105 



Gordon, Alexander • .105 

Gregory, Peter ib. 

Hanfield, alias Enfield it?. 
Hansard, Providence ib. 
Harding, John . . . . . -109 

Harris, John ........ 112 

Hartford, Richard * *114 
Harvey, John •.*••• ib. 
Harwood, Reginald • • ib. 
Hawley, Henry • • • -115 
Haywood, Richard • -116 

Heald, Joseph 123 

Hemmings, Charles • • 124 

Herbert, Watkins ib. 

Herring, Benjamin « «127 

Sarah •.•"*•• ib. 

Higgerty, Owen • » • « ib. 
Hodges, Joseph • • • • ib. 

Holloway, John 152 

Honeyman, William • • 155 

Hook, Samuel 164 

Hurle, Anne 171 

Jackson, Joseph • • « « 179 
Inni^ Lawrence • • • • 187 
iMiiis, Alexander • • • -189 
Kearnagr, Edward* •• • ib. 
Keenan, Thomas • • • • ib. 
Kennedy, George* • « • ib. 
Kettan, John* ...... * ib. 

Kirwan, Owen ib. 

Larghan, Elizabeth .*190 
M'Cwra, John .•■•.••'»! 



vm 



CONTENTS. 



May cock, John 191 j 

M'fntosh, John 202 

Mitchell, Samuel . • • -204 

Moody, Martin -217 

Nicholas, Abraham •• ib, 

Parnell, Mary ib. 

Patch, Richard ...... ib. 

Perfect, Henry ...... 235 

Pope, John ........ g43 

Prerrdergasr, Patrick ib. 
Robin, Richard ... • --248 
Ratford, Jenkin • ••• ib. 

Redmond, Dennis 

Lambert 
Richardson, John 
Roberts, Enoch 
Robinson, John 

Roche, T. M. 282 

Rourke, Felix • • •• V'.". ib. 

Rouvelett, John 284 

Russell, Thomas ...-299 
Russell, Richard 302 



263 
266 

ib. 

ib. 



Schestack, Andrew ..302 
Scoldwell, Charles --304 

Simmons, Thomas 308 

Smith, Robert 316 

Snook, James 3 >0 

Spalding, M. ...... ib. 

Staines, John ib. 

Stilwell, Stephen .«• • ib. 

Tennant, John 334 

Terry, John .;...... ib. 

Thompson, John • • « • 338 

Troy, John 341 

Turner, John Roger • «343 
Varden, William • . • • 345 
Walker, Geo. Richard ib. 

Webb, George . 353 

White, John Leonard 36Q 

APPENDIX. 

Campbell, Alexander 363 
Picton, Col. Thomas 383 
Palmer, John ....... 407 



PLATES. 



Allen ..•.**....»... 12 
Barber .......... 34 

Cock • •>< I 58 

Harding 109 

Hollow ay '••• ••« • —152 



Mitchell * 204 

Patch ..... 217 

Rouvelett ....... .284 

Simmons • • ... 308 

Teury ...-334 



*#* The Binder is requested to let the Preface imme< 
diately follow the Title-page. 



BIOGRAPHICAL 



SRETCHE S, 



A: 



JCOW, ANDREW, (murderer J a Chinese 
sailor, whose ca.se, though br : ef, is still worthy^ of 
attention, asitjiot only evinces the natural depra- 
vity of the human heart, but likewise the evil 
consequences of rancour and revenge. This maix 
was a saiior on hoard the Travels Ea* • ' ■-Iisdiamanj 
and having been indicted for the wilful murder of 
a man called Anguin, May 24., 1806, an Admiralty 
sessions was held at the Old- Bailey, Friday, July 
11, before Sir William Scott and Mr. Justice Le 
Blanc. James Robert Oliver, second mate of the 
Travers East- Indiaman, who was the first witness 
railed, stated, that on the 24-th of May the- vessel 
was in the East India docks : he had charge of the 
watch at twelve o'clock that night 5 the prisoner, 
who was taken on board at Bengal, was in his 
watch. The deceased, Angnin, was also a Chinese, 
who entered on board the vessel with the prisoner, 
and he officiated as cook. About two o'clock, on 
the morning of the 25th, witness .heard a crying 
noise forward, which seemed to 'come from the 
forecastle, but on going thither he found it pro- 
ceeded from the fore- hatchway. Witness sent 

vol, lv, 3 down 



yl AKOW, 

down two officers to see what was going on, when 
one of them shortly after called out, " murder has 
been committed. ■' Witness called up the surgeon, 
and on going below himself, he observed the pri- 
soner in custody of the officers he had sent below. 
He was covered with blood • and, on seeing the 
witness, he exclaimed, i( Me kill Anguin ; Au- 
guin tell me lie, to-morrow you hang me Chinese 
fashion ;" and he gave himself up to witness with 
the utmost composure. After having secured the 
prisoner, the witness proceeded to the fore-hatch- 
way, where he observed the deceased lying with his 
head nearly severed from his body, near toll is 
hammock. He had 'also many dreadful wounds in 
different parts of his body j and he expired imme- 
diately. Witness had not missed the prisoner more 
than five minute> before he heard the cries of the 
deceased. The deceased was of an entertaining 
disposition, and beloved by the whole ship's crew* 
This testimony was corroborated by a number of 
Witnesses, and the jury found the prisoner Guilty. 
-—He was sentenced to be executed on the Monday 
following, but was respited till Friday, July 18, by 
Sir William Scott, in order that the opinion of the 
Privy Council might be taken on his case : and it 
having been their opinion that this malefactor 
should suffer according to the sentence of the 
English law, on Friday, (the day appointed for 
the execution as above mentioned), he was ac- 
cordingly conveyed in a cart from Newgate for exe- 
cution at Execution Dock, pursuant to sentence.. 
The wretched criminal exhibited a shocking ap- 
pearance He was scarce able to support his fate, 
and looked as if life had forsaken him previous to 
his arrival at the place of punishment. He was 
ilessca in a seaman's jacket and trowsm, and red 

cap. 



ALDEN. 3 

cap. One of his countrymen supported him in the 
cart, and apparently imparted every consolation his 
dreadful situation demanded. After hanging at 
low- water mark, the usual time, the body was 
brought back to Newgate, and delivered to his 
friends; the remainder of the sentence, that his 
body should be 'dissected, &c. having been re- 
mitted. It is said that this offender, in his vindi- 
cation, insinuated that it is the maxim of his coun- 
try to murder the man who gives the lie j but in 
order to prove that country's detestation of mur- 
der, we can assure our readers, that all acts of ho- 
micide, whether accidental or intentional, are 
punished with death. See Homicide, Murder, 
Sec. in vol. III. 

ALDEN, MARTHA, (murderer,) whose 
case, which excited general interest, came on at 
the Norfolk Assizes, July 27, 1807, before Sir 
Wash Grose, Knight, when she was capitally in- 
dicted for the wilful murder of her husband, Sa- 
muel Alden, of Attleburgh, Norfolk, when every 
circumstance of this atrocious act was corroborated, 
and a connected chain of evidence substantiated. 
The first witness, Edmund Draper, stated that he 
had known the deceased Samuel Alden, the hus- 
band-of the prisoner at the bar j that on Saturday, 
the 18th of July, he was in company with the 
deceased at the White Horse public-house at Attle- 
burgh 5 that the prisoner, who was present when 
witness and the deceased met, said to them she was 
going home with her child, and went away ; wit- 
ness sat drinking with Alden till near twelve 
o'clock, chatting with the wife of the publican $ 
he then accompanied the deceased to his house, 
which lay in the way to his own home : witness 
stated, that he himself was perfectly sober at the 

B 2 time ; 



4 ALDEN. 

time j that Aklcn however was rather fiesh, but 
sober enough to walk staggering a little: he staid 
at Alden's house about three minutes, during 
which time he noticed that there was a larger fire 
binning on the hearth in the kitchen than was 
usual at thai time of the year : he' said Alden 
appeared in good health, and that no ill words 
passed between the deceased and the prisoner in 
his presence : he proceeded home in the direction 
of Thetford, and saw no one on the road. This 
witness described Alden's house to consist of a 
kitchen and bed room both on the same floor, and 
separated from each other by a small narrow pas- 
sage ; he saw no one in the house except the pri- 
soner and the deceased, and a little boy about seven 
years old. Charles Hill, of Attleburgh, stated, 
that on the morning of Sunday, the 19th, he rose 
between two and three to go on a journey to Shelf- 
anger-hall, about ten miles from Attlebnrgh, to 
see a daughter. The morning being wet, he took 
the turnpike road, in the direction to Thetford, 
and passed by Alden's house, from which his own 
is only two furlongs distant. ' When he approached 
the deceased's house, he saw the door open, and 
the prisoner standing within a few yards of the 
door : this was nearly at three o'clock in the 
morning. The prisoner accosted the witness, 
saying, she " could not think what smart young 
man it was coming down the common. 1 ' The 
witness replied, iS Martha, what the devil are you 
up to at this time of the morning ?" She said, she 
had been down to the pit in her garden for some 
Water : this garden was on the opposite side of the 
road to the house: she also said, " she had not 
been long home from the town, (meaning Attle- 
burgh town,)* where she had bee *at Miz White 

Horse ; 



ALDEN, ,5 



Horse : her husband and Draper, and herself, all 
came home together, and her husband was gone 
backagan, she did not know where.'" The wit- 
ness did not go* into the house j but, looking in, 
saw some old clothes lying in a heap next the 
hearth, which, on his enquiring, she said covered 
her little boy, who was asleep there. The pri- 
soner said, that he' (by which the witness under- 
stood her to mean her husband) had a brother going 
into Essex, and had sworn he would go with him 5 
whereupon the witness observed, that he knew 
Alden^had let himself to harvest to Mr. Parson, 
which the prisoner assenting to, the witness farther 
said, " If he go into Essex, he wont come back to 
harvest." The prisoner replied, " I know he will 
never come back ; and if he has got a job, he never 
will settle to it." The witness saw no person 
besides in the road. Sarah Leeder, widow, of 
Attleburgb, knew the prisoner at the bar: she 
stated, that on Monday night, the 20th of July ># 
the prisoner /ame to her house to borrow a spade, 
for that a neighbour's sow had broken into her 
garden, and rooted up her potatoes 5 the witness 
lent her one, whioh was marked J. H. and she went 
away with it. On the following evening (Tuesday - 
21), about eleven o'clock, she went out of her 
house upon the common to look for some ducks she 
had missed, and found them on a small pit : near 
this pit there was another of a larger size, beside ai 
place called Wright's Plantation : in this greater 
pit or pond, she saw something lying which at- 
tracted her attention 5 she went to the edgQ of the 
pond, and touched it with a stick, upon which it 
sunk and rose again ; but the place, though the 
moon shone, being shaded, she could not discover 
?yhat it was, and went home for the night. The 
-: - $ i next 



£> ALDKN. 

next morning' (Wednesday 22), however, the wits 
ness returned to the spot, and again touched with 
a stick the substance, which still lay almost covered 
with water : she then, to her great terror, saw the 
two hands of a man appear, with the arms of a 
shirt stained with blood. She instantly concluded 
that a man had been thrown in there murdered, 
and calling to a lad to go and acquaint the neigh- 
bourhood with the circumstance, went back in 
great alarm to her own house. In a quarter of an 
hour she returned again to the pond, and found 
that in her absence the body had been taken out : 
she then knew it to be the body of Samuel Alden ; 
hisfa.ee was dreadfully chopped, and his head cut 
very nearly off : the body was put into a cart, and 
carried to the house of the deceased. The witness 
afterwards went to look for her spade, and found it 
standing by the side of a hole, which she described 
to look like a grave, dug in the ditch which sur- 
rounds Alden's garden : she further stated, that 
this hole was open, not very deep, and that she saw 
blood lying near it. The witness then went into 
the house, and, entering the bed room, saw the 
marks of blood on the bed's feet, and on the bed- 
tick : the wall, close against which the bed stood, 
was also stained with blood. , Being interrogated 
as to what clothes were on the body when taken 
out of the pond, she said it-had on an old co^t, with 
a slop or shirt over it, but neither shoes, stockings, 
nor breeches on: the shirt was turned over the 
bead. — Mary Parker, a young woman, living in 
Attleburgh, was passing over the common on her 
way to Attleburgh, on' Tuesday (zist of July ) ? 
and saw the prisoner digging in her garden. The 
witness went up to her and said, li You are stopping 
gaps^"* the prisoner answered, ** yes/' where Mrs, 

Leeder s 



AKDENv 



Leeder's cow had got in and spoiled her potatoes. 
When the witness first saw her, she was diggino ijj 
the dirc.h separating the garden from Mr. Parson's 
field, at the bottom, as if to deepen it j but, before 
the witness got close to her, she had gone to an- 
other part of the garden, three or four yards dis- 
tant ; and then got over the fence into the com- 
mon. The witness saw no breaches in the, fence, 
only a little mould thrown down where the pri- 
soner had got over. This witness also saw the 
body taken out of the pit, and corroborated the 
testimony of the former witness, as to its appear- 
ance and. dress. — Edward Rush stated, that on 
Wednesday morning (the 22,d of July), by order 
of the constable of Attleburgh parish, he searched 
the prisoner's residence : in a dark chamber he 
found a bill hook, which, on examination, appear- 
ed to have blood on its handle, and also on the 
blade j but looked as if it had been washed : he 
al o confirmed the statement of a preceding witness 
as to the state of the bed -room )n the house of the 
deceased, and described its dimensions to be about 
seven feet by ten. — William Parson, jun. of Attle- 
burgh, stated, that he had known the deceased 
Samuel Aiden and the prisoner at the bar, as re- 
puted man and wife, for the la>t six or seven years, 
and that they lived in a cottage in Attleburgh : 
he further deposed, that on Sunday, the 19th of 
July, between six and seven in the mormng, he 
met the prisoner in company with a young wo- 
man, named Mary Orvice, on the turnpike-road, 
nor far from Alden's house ; the prisoner told him 
she had lost her husband; that two men in sailors' 
habits went past her house about t\\o o'clock in 
the morning, and s he had told them, if they over- 
took a man upon the road, to send him back j bnt 

(hat 



3 ALMN. s 

- i 

that they only gave her a duty answer, and pas r >ec| 
on. She expressed herself very unhappy about her 
husband, and feared that he was either murdered 
or drowned. On the following morning he saw 
her again 5 she then said she had lost her husband, 
and that she had been above thirty miles that day 
to look for him. This witness further stated, that 
he was one of the persons who examined Alden's 
house and premises, on Wednesday (the 22d), and 
the two following days; his evidence on this point 
agreed with that of former witnesses, and also went 
to substantiate some additional particulars, narne- 
ly, that the chimney-board, on the opposite side of 
the room to the bed, was also marked with blood 
stains, which bore the appearance of an attempt 
having been made to' scrape them off with a knife 5 
that the wall of a narrow passage leading from the 
bed room to the kitchen was in places discoloured 
with blood j he also described one of the bed's h^t 
to have had similar stains upon it : this the wit- v 
ness had knocked ofF, and taken away with him ; 
and, being produced in Court, it was but too cor" 
rectly found to answer the witnesses description : 
he also found a. sack upon the bed, wish some 
spbts of blood upon it, and a piece of another sack, 
which seemed to have been partly washed. In a 
shed adjoining the housed be likewise discovered 
anofher sack, concealed underneath nearly a hun- 
dred flags of turf: this sack was also produced for 
the satisfaction of the jury $ and exhibited an ap- 
pearance which struck the Court with horror and 
' disgust. Being interrogated as to the distance 
which Alden's house stood from the pit in which 
the body was found, Mr. Parson stated, he had 
> measured, and found it to be exactly 390 yards 
He also observed the place (mentioned by a former 
- •■ ■ ■ • - - - . witness,) 



ALDEN. 9 

witness), which had been dug in the ditch of the 
garden j it looked like a grave 5 'was about six feet 
in length, nineteen inches \h depth, and of width 
sufficient to admit a human body 5 the soil was of 
nard clay ; it was situated thirty-eight yards from 
the cottage. — Mr. Marner, surgeon of Attleburgh, 
on Wednesday (the 22d), at the request of the 
parish-officers, examined the body of Samuel Al- 
den : he found a deep and mortal wound round 
the neck, reaching from ear to ear, and an exten- 
sive and deep cut across the forehead, and another 
cut down the feft cheek, by which the jaw was 
broken. T*hese wounds, Mr. Marner added, were 
such as a man could not possibly inflict upon him- 
self. — Mary Orvice stated, that she had been ac- 
quainted with the prisoner a good while, and had 
frequently been at her house. The witness lives at 
her father's house, a little distance from the pri- 
soner's dwelling. On Sunday (the 19th), the pri- 
soner asked her to go with her to her house : when 
she got there, the prisoner said to her, u I have 
killed my husband j'\and taking her into the bed- 
room, shewed her the body lying on the bed, quite 
dead ; with the wounds as before described : her 
account of the state and appearance of the room, 
perfectly coincided with the descriptions of the 
former witnesses ; she also said she saw a hook 
lying on the $oor ail bloody : when the 'hook was 
shewn to her in Court,, she said it was the very 
same she had then seen. The prisoner then pro- 
duced a common, corn-sack j and, at her request > 
the witness held* it whilst the prisoner put the body 
into it j the prisoner then carried the body from 
the bed room, ^th rough the passage and kitchen, 
cut of the house; across the road to the ditch sur- 
rounding the garden, and left it there, after throw- 
ing 



1.0 ALIEN* 

ing some mould over it. The witness then left the 
prisoner, and went to Larling ; the prisoner slept 
that night at the witness's father's house. On the 
following night (the 20th), between nine and ten 
o'clock, the witness was .again in company with the 
prisoner, and saw her remove the body of her hus- 
band (who was a small man) from the ditch of the 
garden to the pit on the common, dragging it her- 
self along the ground in the sack ; and, when ar- 
rived at the pit, the prisoner shot the body into it 
$ut of the sack, which she afterwards carried away 
with her : the deceased had a shirt and slop on. In 
answer to a question from the judge, the witness 
said the weather was dry. The prisoner said no- 
thing to her at the time, and she went home. The 
next morning (Tuesday), the witness went to the 
prisoner's house, and assisted in cleaning it up, 
taking some warm water, and washing and scrap- 
ing the wall next the bed. This witness's evidence 
respecting the marks of blood about the room 
agreed precisely with the description given by Mr, 
William Parson, jun. The prisoner took up some 
loose straw, and told the witness she would carry 
and thrpw it into Mr. Parson's ditch because it 
was bloody. The prisoner bade the witness to be 
sure not to say a word about the matter ; for if she 
d\d 9 she (the witness) would certainly be hanged- 
Upon being questioned to that effect by the judge, 
this witness further stated, that she had told the 
story to her father on the Tuesday night, and to 
nobody else.— On his lordship asking the prisoner 
what she had to say in her defence, she told an in- 
coherent sort of story, which, however, as far as 
it was at all intelligible, seemed rather to aim at 
making the testimony of the last witness appear 
contradictory and suspicious, and to implicate her 

iii 



AXDEK. 1 I 

fa the guilt of the transaction, than to deny the 
general charges which had been adduced against 
herself. The learned judge then summed up the 
evidence in a very full an i able manner $ pointing 
out, with great perspicuity, those parts of it, an 
attention to which was more particularly calculated 
to assist the jury in their important decision, and 
most humanely laying a stress on whatever circum- 
stance seemed to be of a nature in the smallest de- 
gree favourable for the prisoner. On the subject 
of Mary Orvice's testimony, his lordship remarked, 
that it certainly came under great suspicion, as 
being that of an accessary to the attempted con- 
cealment of the murder. Viewing it in that light, 
therefore, and taking it separately, it was to be 
received with extreme caution j but, if it should 
be found, in most material facts, to agree with and 
corroborate the successive statements of the other 
witnesses, whose declarations did not labour under 
those disadvantages, the jury were then to give it 
its due weight, and avail themselves of the infor- 
mation which it threw on the transaction.-— The 
jury consulted together for a short time, and found 
the prisoner — -Guilty. Whereupon the learned 
judge, after a short, but very solemn and impres- 
sive, address to the prisoner at the bar, in which he 
observed that he had never before met with a case 
so horrid and atrocious, proceeded to pass upon her 
the awful sentence of the law 5 which was, that, 
on Friday, she should he drawn on a hurdle to the 
place of execution, there to be hanged by the neck 
till she was dead, and her body afterwards to be 
dissected. — The trial lasted upwards of three 
hours. The Court, during the whole time, was 
excessively crowded, and the heat was consequently 
Very great ; several of the female, part of the au- 
dience 



15 ALDEN — ALLEN. 

* '■■'..'" 

dience were overpowered by it, and obliged to be 
carried out. — The behaviour of the i wretched 
woman during her trial, as well as before it, ap- 
peared in a lamentable degree to be influenced by 
that hardened and remorseless spirit, which but too 
surely characterizes the human mind sunk to the 
lowest state of degradation and depravity. After- 
wards*. however, she confessed the crime for which 
she was to sutler. The account she gave of the 
fatal transaction was, that on Saturday night, the 
18th cf July, she and her husband (who was at 
the time a good deal in liquor) quarrelled, and he 
threatened to beat her. Alden soon after threw 
himself on the bed, and at that instant she formed 
the resolution of destroying him : accordingly she 
ran into the adjoining room, returned with a bill- 
hook, which she held in both her hands, and strik- 
ing him on the forehead, instantly killed him. She 
further acknowledged, that the girl (Orvice) had 
no concern whatever in the murder, and only as- 
sisted, at her request, in putting the body of het 
husband into the sack. On Friday, July 31, at 
twelve o'clock, this unhappy female was drawn 
upon a hurdle, and executed on the Castle- hill, 
pursuant to her sentence, in presence of an im- 
mence concourse of spectators. She behaved at 
the fatal tree with tlie decency becoming her. awful 
situation. 

ALLEN, GEORGE, (murderer,) whose 
case somewhat resembles that of Mitchell in this 
volume, and is a lamentable instance of the 
dangerous consequences of jealousy. This ma* 
lefactor resided in Upper Mayfield* Stafford- 
shire, and had lived, as it appeared fiom the 
testimony of his neighbours, in the utmost har- 
mony with his wife for seventeen years ; a "ad 
moreover bore the character of an honest in- 
dustrious 



ALLEN. IS 

"dustrious man. For some time past, he had been 
subject to epileptic fits ; but on the Sunday pie- 
ceding the day whereon he committed the murdtr* 
he was considerably better j and on Monday 
(Jan. 12,1807), he appeared quite well. At eight 
o'clock in the evening of that day, he retired to 
rest, and when his wife followed him in the course 
of an hour, she found him sitting uptight in bed, 
srrtoaking a pipe, which wasjixs usual custom. In 
another bed, in the same room, lay three of his in- 
fant children asleep, the eldest a boy about ten 
years old, the second a girl about six, and another 
a boy about three. The wife having got .into bed, 
with an infant at her breast, Allen asked her, 
* What other man she had in the house with her V 
to which she replied, c That no man had been 
there but himself.** He insisted to the contrary," 
and his wife continued to assert her innocence. He 
then jumped out of bed, and went down stairs, 
and she, from an impulse of fear, followed him 5 
she met him on the stairs, and asked what he had 
being doing in such a hurry ? in answer to which 
he ordered her- to get up stairs again. He then 
went to the bed where his children were, and turn- 
ed down the clothes. On her endeavouring to hold 
him, he told her, « to let him alone, or he would 
serve her the same sauce,'' and immediately at- 
tempted to cut hei throat, in which he partly suc- 
ceeded, and also wounded her right breast 5 but a 
handkerchief she wore about her head and neck 
prevented the wound from being fatal. She then 
extricated herself (having the babe in her arms all 
the time, which she preserved unhurt), and jumped, 
or rather fell, down stairs. Before she could well 
get up, one of the children (the girl j fell at her 
Feet, with its head nearly cut offj and which he 
c had 



1* ALLEN. 

had murdered and thrown after her. The poor 
woman opened the door, and screamed out, ' that 
ker husband was cutting off the children's heads.* 
A neighbour shditly came to her assistance ; and a 
iight having been procured, the monster was found 
standing in the middle of the house-place, with a 
razor in his hand. He was abked what he had been 
doing ? when he replied coolly, < Nothing yet ; I 
have only killed three of them.* On their going 
up stairs, a most dreadful spectacle presented itself: 
the head of one of the boys was very nearly severed 
from his body, and the bellies of both were partly 
cut, and partly ripped open, and the bowels torn 
completely out, and thrown on the floor. Allen 
made no attempt to escape, and was taken without 
resistance. He said that it was bis intention to 
murder his wife and ail her children, and then to 
have put an end to himself. An old woman, who 
"lay bed-ridden in the same hou-e, he professed his 
intention also tq have murdered. An inquest 
was held on the bodies of the three children, 
bsfore Mr. Hand, coroner, of Uttoxcter,, when 
he confessed his guilt, but without expressing any 
contrition. In answer to other interrogations, 
lie promised to confess something that had lain 
heavily on his mind ; and Mr. Hand, supposing it 
might relate to a crime he had heretofore com- 
mitted, caused him to be examined in the presence 
of other gentlemen, when he told an incoherent 
story of a ghost, in the shape of a horse, having, 
about four years ago, enticed him into a stable, 
where it drew blood from him, and then flew into 
the sky. With respect to the murder of his chil- 
dren, he observed to the coroner, with apparent 
unconcern, that he supposed " it was as bad a ca-e 
as ever he heard of* 1 ' Having been tried and con- 
victed, 



ALLEN — A LM ON©. If 

victed, at the Stafford Assizes, of these unparalleled 
murders, he suffered the sentence of the law, 
March 30, 1807. Pie appeared truly sensible of 
his dreadful situation, and earnestly entreated the 
spectators to take warning by his fate. 

ALMOND, JOHN, (forgery,) whose case 
combines many aggravating and unparalleled cir- 
cumstances, was an inspector of lamps for the 
parish of St. James's, Westminster, from which, 
and another similar situation, he derived an income 
of about 150I. a year. The prosecutor, Abraham 
Pn'ddy, is . a lamp-lighter, then living in Marl- 
borough-row, Carnahy-market. The prisoner, who 
was aged 45, had lodged for some time atPriddy's 
house; and, by that means, becoming acquainted 
"with his circumstances, formed the plan of a fraud 
upon a man for whom he professed the greatest 
friendship, and for which he so justly forfeited his 
life. His trial came on at the Old-Bailey, before 
Mr. Justice Grose, December, 1807. The first 
witness was Robert Harrison, a clerk in the Prero- 
gative Office, Doctors' Commons, who said, that on 
the nth of June, the prisoner brought to the 
office, a deed, purporting to be the will of Abraham 
Priddy, by which the prisoner, who was declared 
in the will to be the testator's brother-in-law, was 
made his executor and residuary legatee. The will 
further stated, that the said Abraham Priddy was 
posses^d of 300I. in the 4. per cent$. and gave the 
sum of 50I. to his wife, and two other sums of 50I. 
each to two other persons, who were afterwards 
proved to have no existence. The prisoner had 
been formerly a clerk in the Prerogative Office, and 
had engrossed many wills, so that the witness knew 
his hand-writing, and observed to him at the time, 
that this will had been written by him 5 to which 
c z the 



1.6 ALMOND- 

the prisoner replied it was. T° tn ^ s W *V was 
a Ifixed the mark, of Priddy, who", the prisoner said, 
was now dead. Every thing was transacted re- 
gularly, and an attested copy of .the will was re- 
ceived by the prisoner on the 1.2th or 13th of June. 
Witness acted according to the instructions of the 
prisoner, and wrote on the other side of the will 
(i Abraham Priddy, testator, formerly of Marlbo- 
rough-row, Ca.maby-mark.et, and Smith's court, 
Windmillvstreet, St. James's, late of the hamlet oi' 
Hammersmith, died on the 10th instant."" The 
witness perfectly reollected the prisoner's hand* 
writing, though it was about twenty-three years 
ago when he was cleik in the same office with him, 
and he had never seen him write but once since.— 
Abraham Priddy said, that he" knew the prisoner 
these sixteen years j that one day he took an oppor- 
tunity of advising him, for some trifling reason or 
other not to go in the city to receive his dividends 
that half- year : to which witness replied, that it 
was of no consequence to him (the prisoner) when 
he went. Upon witness's going into the city, 
however, some time lately, the stock was gone, and 
found to be transferred to the prisoner, who had 
given himself out as Priddy's executor. Witness 
added, that he could neither read norwrite,and had 
never made a will in his life. The forged will was 
ijow read, and the witness was asked if the prisoner 
was, his brother in-law : w ; hich was answered in the 
negative. Mary Priddy, wife to the last witness, 
*said, that sometime before this happened, the pri- 
soner had asked her, in the course of conversation, 
what stock her husband had in the Bank ? She 
told him, with great simplicity, that he had 300L 
four per cents. It was afterwards proved by John 
Rose, a stock- broker, and Charts N orris, a clerk 

from 



ALMOND — A SLETT, {/ 

from the bank, that the money in the four per 
cents, had been transferred over to the prisoner, in 
consequence of his producing the forged will, and 
•who, in that transfer, subscribed himself executor 
to the deceased Priddy. The prisoner, in his de- 
fence, urged that the probat was not produced 
against him $ and that he should not be convicted 
of publishing a will that was in the Doctor's Com- 
mons. Judge Grose declared, that the production 
of the probat was not necessary. His lordship then 
shortly summed up the evidence, adding, that the 
case seemed so clear, he could not suggest a doubt 
about the prisoner's guilt. The prisoner's object 
evidently was to get hold of the stock by fraudulent 
means, and he was very properly charged with an 
intention of defrauding the Bank, since they were 
bound to have indemnified Priddy ' for the Joss 
which he sustained by the transfer of the money 
into the prisoner's hands. The jury, after a" short 
consultation found the prisoner guilty. This un- 
fortunate man's behaviour after conviction was 
such as became his unhappy situation : and on the 
morning of his execution, January 20, 1808, he 
received the sacrament, and prayed with the, mini- 
ster some time : he then was taken to the press- 
yard, where his irons were knocked off, and his 
arms bound ; after which he proceeded to the awful 
platform, before the Debtor* s-door, Old -Bailey, 
where, after some minutes spent in prayer, he w?s 
launched into eternity. 

ASLETT, ROBERT, (felon) who, after 
having been for about 25 years in the employ of 
the governor and company of the P*?.nk of England 
when for his faithful and meritorious services, he 
was appointed one of the cashiers in 1799, an( i 
doubtless would have been now successor to the late 

- c a m : j> 



18 ASLETT. 

Mr, A. Newland hat! he not been unfortunately 
induced to speculate in the funds \ and in derelic- 
tion to that duty and fidelity which he owed to his 
employers, subtracted immense sums from the pro- 
perty intrusted to his care. It is to be regretted 
that a man who had been so long respected — and 
who had hitherto maintained a character so unble- 
mished, should by a fatal lapse from rectitude, for- 
feit his good name and become the object of public 
scorn — we shall however briefly state the case and 
leave our readers to make their own reflections. 
It was a part of the business of the Bank to pur- 
chase exchequer bills to supply the exigencies of 
government* which purchases were entrusted to the 
care of the above-mentioned worthy gentleman 
(Mr. A. Newland,) but on account of his then in- 
creasing infirmities, were entirely managed bv Mr. 
Aslett. These purchases were made of Mr. Gold- 
smid, by the meansofMr. Templeman, the broker. 
It was usual to, make out a bill in the name ,o£ 
the person from whum they were purchased, which 
was delivered to Mr. Aslett, to be examined and 
entered in what was called 'the bought book, and 
who then gave orders to the cashiers to reimburse 
the broker. These bills were afterwards deposited 
in a strong iron chest, kept in Mr. Newland's 
room; and when they had increased in bulk by 
subsequent purchaser, they were selected by Mr. 
Aslett, tied up in large bundles, and carried to the 
parlour (the room in which the directors held 
their meetings) accompanied by one of the clerks, 
with the original book of entry, when the directors 
in waiting, received the envelope, and deposited 
them in the strong iron chest, which had three keys ? 
and to which none, but the directors had access^ 
nor could they be brought forth wntil the course of 

payment? 



ASLETT. ]*) 

i 

payment, unless by consent of at least two of the 
directors. Therefore it was not possible for them 
to find their way into the hands of the public or 
the monied market, unless embezzled for that pur- 
pose. On the 26th of February, 1 803, Mr. Astett, 
according to the practice, made up three envelopes 
of exchequer bills, of iool. each bill 5 the first 
containing bills to the amount of ioo,oool. ; making' 
in the whole 700,000!. : these were, or in fact ought 
to have been, carried into the pat lour, and were 
signed as being received by two of the directors 
Messrs. Paget Smith ; one of these bundles, namely, 
that containing the 200,000!. worth of bill?, was 
withdrawn. The confidence which the governor 
and company placed in Mr. Aslett, had enabled 
him to conceal the transaction from the 26thof Fe- 
bruary, to the 9th of April 5 and it was next to an 
impossibility that it should be discovered, as no pe- 
riod of payment had arrived ; but on that day, in 
consequence of an application, made by Mr. Bish, 
the whole was found out. On the 16th of March, 
Mr. AsJett went to that gentleman, and requested 
he would .purchase for him 50,0001. consols, to 
which request no objection was made, provided he 
deposited the requisite securities. The fluctuation 
of the market at that time was 6 per cent, and 
Aslett, in order to cover any deficit, deposited with 
Mr. Bish three exchequer bills, Nos. 341, 1060, 
2694, and which he knew had been previously de- 
posited .in the Bank. From some circumstances, 
an/i from his general knowledge of the whole of 
the business of the funds-, Mr. Bish suspected all 
was not right, and accordingly went to the Bank, 
where an investiga ion took place, at which Mr. 
B. Watson, one of the directors, was present. Mr. 
Newiand was sent for, and asked, whether any of 

the 



•'SO ;ASLETT. 

%\\e exchequer bills could, by possibility, get into 
the market again from the Bank? To which he 
answered in the negative, observing they were a 
dormant security. The same question was put to 
Mr. Asletrj and the same answer givtn by him. 
It was found necessary to tell him, that the bills in 
question, which could be proved to have been in 
the Bank, had found their way into the money- 
market; and at the same time it was observed, 
that he had made purchases to a large amount, of 
stock, with the bills ; this was acknowledged by 
him ; but he said he had done so for a friend named 
Hosier, residing at the west end of the town, and 
he declared they were not Bank property, nor to 
be founcTin the bought- book. The directors, how- 
ever, were not satisfied on this point, ajnd he was 
immediately secured. However, as it occurred to 
those employed in the prosecution, that the bills in 
question had been issued with an informality in 
them, not having the signature of the auditor of 
the exchequer, and parliament not then being sit- 
ting, in order to have these defects remedied, it was 
thought advisable to postpone the trial, lest it might 
create an alarm in the money-market. A bill was 
brought into parliament which rendered the bills 
valid, and Mr. Astlett's trial commenced July 8, 
when the prisoner was dressed in a lightish brown 
coat, and his hair full powdered. Mr. Gairow, 
on the part of the, prosecution, stated the facts 
above mentioned , but when about to call witnesses 
to give evidence, Mr. Erskine insisted that the ex- 
chequer bills which the prisoner stood charged with 
having stolen, were not good bills till the act of 
parliament had made them so ; and consequently 
that they were pieces of waste paper when stolen. 
The Chief Baron Macdonald, Mr. Justice Rooke, 

and 



-AS LETT. < £2 

and Mr. Justice Lawrence concurred, that the pre- 
sent indictment could not be maintained 5 and the 
jury were accordingly desired to acquit the prisoner. 
He was afterwards tried on nine other indictments^ ' 
the evidence being the same, Mr. Garrow having 
applied to the court to detain him in custody, it 
being (he said) the intention of the Bank directors 
to issue a civil process against him for ioo,oooh 
and upwards, the monies paid for the bills which 
he had converted to his own use. Mr. Kirby at 
first hesitated to receive the prisoner, understanding 
he was acquitred ; but was peremptorily desired 
by the court to take him back. Mr.'Aslett, ap- 
peared quite collected, but held his head down, 
never once looking up, except on the application 
to keep him in custody, when he expressed symp- 
toms of great surprise, and looked very stedfastly 
at the court. He was again brought to the bar of 
thQ Old-Bailey, Sept. 17. before Baron Chambre 
and Mr. Justice Le Blanc, when he was attended 
by, four or five gentlemen, who continued in the 
dock during the whole time of the trial. Three 
indictments were read, with two counts in each. 
These charged the prisoner with secreting and em- 
bezzling three notes. One count in each stated 
them as securities of the said governor and Co. and 
the otheras effects belonging to the said governor and 
Co. Mr. Garrow called the paiticular attention of 
the court and jury to one point, namely, that the 
prisoner had been tried before, and acquitted of the 
charge of purloining exchequer bills to an immense 
amount ; as it was then proved to the satisfaction 
of the learned judges on the bench, for whom he 
entertained the highest respect, that they were not 
actually such as might in law be termed exchequer 

'V ' WW* 



22 AS LETT. 

bills, in consequence of their not having been 
signed as the act directs. The present induce- 
ments, however, stated them as papers purporting 
to be exchequer bills, which they evidently were on 
the face of them and subdivided the charge by 
stating .them one time as securities, and at ano- 
ther time as effects belonging to the company. 
— Mr. Erskine, in behalf of the prisoner, observed 
that the former indictments against him had been 
objected to on grounds which were approved of by 
the bench of learned judges who then sat upon the 
bench. He was now brought up again to be tried 
for exactly the same offence, though differently 
stated 3 and he thought that the present proceeding 
was liable to the same objections which were then 
admitted to be valid by the bench ; but he should 
oppose it on much stronger grounds. He then 
stated the exception which had been taken to the 
legality of Mr. Jenning's signature, in the place or 
that of Lord Grenville, as auditor of the exchequer. 
-That the same illegality in a criminal sense existed 
with respect to all bil!> issued at that time from the 
exchequer, was manifest from the circumstances of 
the legislature having found it necessary to pass an 
act expressly for the purpose of making them legal 
in a civil view; and that act had a most humane 
proviso, which declared, in plain terms, that the 
act was to be considered to make the exchequer 
bills l^siied at that time valid only in a civil- view, 
and was not to have any retrospective view to any 
criminal offence committed before the passing of 
that act. He then read the proviso in the act* 
The learned gentleman stated that, as securities 
they were nothing in law, for a person at the time 
of their being passed could not recover^at law j he 
was npt therefore legally secured by the possession 

of 



ASLETT. 23 

of such bills. As to the idea of calling them ef- 
fects, he considered that, though the legislature 
had thought proper to pass an act for the protec- 
tion of that company above all others, by passing 
what was called the Bank Act, in consequence of 
the immense magnitude of that concern*, yet effects 
must obviously mean the same, as in a case of petty 
larceny would be considered as effects, that,, is some- 
thing intrinsically valuable in themselves, without 
taking in or mixing in the mind, the klea of their 
professed or avowed value. If that was not the 
case, a cleik who took away a loo>e half sheet of 
paper lying about the office, or a pen that was 
worn to the stump, came within the limits of the 
act and would "be liable for a prosecution for fe- 
lony. The articles stated in the indictments must 
either be really bona fide exchequer bills, or else 
they were no securities; they were no effects in 
-aw ; they were no mare than pieces of waste pa- 
per, for the embezzlement of which he had never 
known a prosecution to be sustained at law. The 
generosity of government, or the justice of the 
country, could not at that time pay a single far- 
thing lor them; the strings of the national purse 
were only to be drawn by the concent of the legis- 
lature, and at that time there was no such consent 
obtained j the articles in the indictment were at 
that time nothing but so many pieces of waste, 
printed, and written, paper, which had not been 
called into existence as any thing of valuable pro- 
perty, as any effects belonging to the Bank which 
had obtained the sanction of parliament ; they had 
not been animated by the breath or the legislature. 
The learned gentleman then quoted several cases 
from the reports of the most eminent law-writer*, 
stating that chattels or effects must be something 
z valuable 



24 AS LETT 

valuable intrinsically in themselves ; and said that 
it was his firm -belief that the learned judges at pre- 
sent on the bench would deliver a charge similar in 
effect to that which had already been delivered by 
the learned judges sitting on that bench at the • 
time of Mr. Aslett's former trial : he believed that 
they would find themselves in the same situation, 
and instruct the jury to find a verdict for the ac- 
quittal of that gentleman without hearing any evi- 
dence upon the case j as in his opinion it was not 
such as could be supported in law. Mr. Serjeant 
Best who followed on the same side, also adverted 
to the passing of the act of last session to make the 
exchequer bills then passed valid, and from thence 
inferred that it was an implied proof of the idea 
which the legislature entertained that they were 
otherwise of no value. He also read a clause in 
the Bank Act with respect to articles -secreted or 
embezzled by any officer or servant of the Bank, 
which enumerated <( bullion, money, or other ef- 
fects ;" and contended, that it was such an associ- 
ation of ideas as must naturally lead any man to 
consider the- company in which those were found ; 
the act must certainly mean other effects 'ejus Jem 
generis. If a person was to pay for base metal as 
gold, that payment was not sufficient to constitute 
its value,, nor make it be considered as gold i he 
therefore considered ttiat hts client was entitled to 
acquittal, as nothing valuable had been taken, 
notwithstanding it might be asserted that the Bank 
had paid for them as such. Mr. Garrow was' 
rising to reply, when Mr. justice Le Blanc db- 
served, that he did not think that the present was 
that clear case upon which he could immediately 
decide* There might be found perhaps a diffe- 
rence in the definition of a case of larceny and 

that 



.AS LETT. 

that of felon/. At present he thought it most ad' 
visable that the court should proceed into a hear- 
ing of the evidence ro be adduced, and reserve 
the disputed point of law for the opinion of all the 
judges. 

Mr. Robert Eest, secretary of the Bank, was 
the first witness who deposed that Mr. Aslett was 
engaged as a clerk in the Bank on the 19th of 
March, 1778 ; on the 19th of Sept. 1793, he was 
appointed assistant to Mr. Abraham Newland ; and 
on the 17th of January, 3799, he was raised to the 
situation of cashier to the governor and company 
of the Bank of England. The prisoner had during 
the whole of that time conducted himself with the 
utmost integrity and respectability. Mr. Abraham 
Newland, the principal cashier, said that Mr. As- 
lett or himself always signed the order for payment 
of the bought exchequer bills; an entry was regu- 
larly made in the bought- book by the one or other 
of them j they were then given in to the directors 
in the parlour, where they were put into a strong 
closet, and could not possibly get out again into 
the market unless by fraud. It was frequently 
some weeks, he said, before they were delivered in 
by the cashiers, which was sometimes done by Mr, 
Aslett, and at other times by himself. On the 
25th, of 'February, the day stated in the indictment, 
Mr. Aslett had given the bills in. He also bore 
siio^t honourable testimony to the good character 
of the prisoner, and stated the high estimation in 
which he was held by the directors. Mr. Abra- 
ham Goldsmid swore, that on the 3d of December 
2S02, his house had sold £5,000!. in exchequer 
bills to the Bank of England, and proved that Mr* 
Aslett's signature w r as subscribed to the order for 
payment. Mr. Benjamin Kiddell generally jmade 
d out 



?6 AS LETT. 

out the order for payment, and a bill of parcels 
to correspond ; he then took them to Mr, Aslett 
to sign. He swore to Mr. Asktt's hand- writing-. 

Several witnesses proved, that various exchequer 
bills outstanding in the market had been bought up 
by the Bank, particularly those which were in the 
hands of Messrs. Cole, Templeman, and Co. to the 
amount of 31,9851. 2s. 2d. which were bought on 
the nth of December 1S02, and the money paid 
for them by the Bank. Mr. William Horton, a 
hosier in Newgate-street, about the latter end of 
March, or beginning of April, had lent Mr, Aslett 
ii,oool. consols, for which he received a deposit of 
exchequer bills, a list of which he delivered into 
court, and swore to its correctness. Among the 
numbers was one of those stated in the indictment. 
Mi. Chambers, a merchant in Dove-court, Sr. 
Swithin\s lane, had received a deposit of io,oool. 
on the 16th of March; i6,oool. on the 17th do. ; 
and 17,000!. on the 9th of April, all in exchequer 
bills, to secure a loan of consols. Mr. James Van- 
summer, a broker, had borrowed 15,0001. for the 
prisons , of the houses of Messrs. Down and Co, 
and Messrs. Chambeis and Co. for which he got a 
deposit of exchequer bills to the amount -of 30, 000L 
Mr. Thomas Bish, stockbroker and lottery- office 
keeper, deposed, that the prisoner came to his house 
on the 15th of March, and desired him to purchase 
'50,000!. consols for him. Witness endeavoured to 
dissuade him from making such a hazardous enter- 
prise, as it was very probable that the funds would 
be liable to a great fluctuation. The prisoner, he 
said, then asked him how much would be the pro- 
bable fluctuation j and the witness told him pro- 
bably 5 or 6 per cent. Mr. Aslett persisted in his 
disposition to purchase, and deposited with the * it- 

ness 



AS LETT. 27 

ness three exchequer bills of ioool. each. He 
bought the stock on account for the next opening 
three; times over ; but, from some suspicion arising 
in his mind as to the propriety of such bills being 
in the market, he waited on some of the, directors, 
and communicated his suspicion. Upon this an 
enquiry was instituted, and the prisoner was taken 
into custody. The numbers of the various bills 
weie compared with tru- bought-bookj when it was 
found that they had been already bought in by the 
Bank, and that they were entered as delivered on 
the 26th of February in an envelope, which was in- 
dorsed as containing 200,000b Mr, John Puget, 
a director, deposed, that he and Mr. Smith, ano- 
ther director, attended in the parlour on the above 
day for the purpose of receiving the bought-up 
bills. Mr. Aslett had that day delivered in four 
parcels, the first of which was to the amount of 
200. cool, of the supply of 1802. The parcel was 
supposed to be placed in the strong closet imme- 
diately after the witness had signed the entry ; but 
had it been really placed there, he did not suppose 
that they couid possibly find their way into the 
market again, as that closet was never opened but 
in the presence of two directors, and' had three locks 
to it. Mr. Winthrop, the deputy governor, stated 
the particulars of Mr. Bish's communication, and 
the circumstance of Mr. Aslett having been taxed 
with being concerned in the fraud. At first he 
hesitated : he then said that he had got them from 
a Mr, Hosier; which not proving satisfactory, he 
was committed by Mr. Alderman Watson. The 
bills were entered in the bought-book as bought 
tip. Mr. Alderman Watson corroborated the 
statement of the last witness ; and mentioned, that 
at the time of the private examination of Mr. As- 
D 2 kit 



£* ASLETT. 

Iett, he had acquainted him that he need not answer 
any question that might tend to criminate himself. 
•Mr. Boddington, of the cash-office, proved the cir- 
cumstance of Mr. Aslett's desk having been broke 
open on the nth of April, when it was found t® 
contain an envelope marked as 2oa,oool. in bills, 
of the supply of 1802, and 109 bills, to the amount 
of i6,oool. which were given to the directors then 
in the parlour. Mr. Hass proved that the contents 
of the strong closet were soo,oooh less than the 
entries in the bought-book. The prisoner being 
called on for his defence, said that he trusted en- 
tirely to his counsel. Mr. Erskine observed to the 
court, that he had a host of witnesses to produce to 
the character of his client ; but that on account of 
the honourable testimony which his learned friend 
(Mr. Garrow,) and several of the principal wit- 
nesses, had given of the very high and respectable 
character which Mr. Aslett had supported for such 
a number of years up to the time mentioned in the 
indictment, he should think it unnecessary to take 
up the time of the court, by hearing the evidence 
which he had it in his power to bring. Mr. Jus- 
tice Le Blanc delivered a most minute and able 
charge, going through the different evidence in the 
most clear and correct manner, and informing the 
jury that they were only for the present to consider 
whether the prisoner had been proved to have se- 
creted or embezzled the articles stated in the in* 
dictment. If they were of opinion that he had, 
they were bound to find the prisoner guilty. If 
there was any doubt upon their mind, whether he 
might not have obtained possession of them by 
committing a burglary, or in any other manner 
than that stated in the indictment, they would find 
him not guilty. 

Tta 



AS LETT. . %Q 

The jury consulted together for about five mi- 
Mutes, and then returned the prisoner Guilty. 

The court was exceedingly crowded, and tfre 
trial which commenced at ten o v clock lasted till 
six. The prisoner betrayed neither a symptom 
©f fear nor levity $ but seemed to pay the greatest 
attention to every thing that passed, and conducted 
himself with a becoming firmness throughout the 
whole of the trial. When the verdict was pro- 
nounced, there was a great buz in the court : Mr. 
Aslett waited for about two minutes, then bowed 
to the court, and withdrew accompanied by his 
friends. He was brought to the bar, to receive his 
sentence, Feb, i5, 1804. when Mr. Baron Hothain 
addressed him as follows :•—!•" Robert Aslett, you 
were tried and convicted in this court, in the Sep- 
tember sessions, 1803, for embezzling effects be- 
longing to the governor and company of the Bank 
of England, you being, an officer and servant of 
that Bank, and, as such, entrusted with their pro» 
perty. The indictment stated, in the first count, 
that you, being in the employment of the said 
Bank, and being entrusted 'with a certain paper, 
partly printed, and partly written, commonly called 
an exchequer bill, purporting to be for 500I. did 
feloniously secrete and embezzle the same, it beino* 
the property of the said company, and remaininp- 
unpaid and unsatisfied to them, as holders thereof. 
The indictment then set forth two other bills, each 
for 1000I. which you, as an officer and servant of 
the governor and company aforesaid, did also se- 
ciete, embezzle, and run away with. You have 
thus been charged in the indictment, with having ' 
feloniously secreted and embezzled property, be- 
longing to the governor and company of the Bank 
of England, to the amount of 2,500!, and that 

D 3 against 



33 AS LETT. 

against the statute and king^s peace. There wte 
other counts' in the indictment, which did not stafe 
the paper to be of any value ; but shewing that 
the governor and company had, on the credit and 
security of such pieces of paper, advanced a certain 
sum of money, which wa< then unpaid and unsa- 
tisfied to the Bank. Q her counts again called 
these pieces of paper securities, instead of money or 
effects. Itwas argued by your counsel, that those 
bills were not valid or legal bills, having been signed 
by a person not properly authorised by Lord Gren- 
ville 5 though they had been issued as good, and 
paid as such. On this indictment you have been 
lawfully convicted by a jury of your countrymen, 
but judgment has been suspended till the opinion of 
the twelve judges of England was taken on this 
Important ease, in order to ascertain whether these 
bills were good, according to the statute 15 Geo. II. 
Eleven of these judges were of opinion, that some 
of the objections, so ably argued by your counsel, 
should be sustained : they have since held various 
conferences, which produced various different opini- 
ons $ and it is now my duty to communicate to you 
the result of their investigation. Several points 
were urged in your favour, such as, supposing that 
the offence with which you have been charged was 
of such a description as to fall within the act of 
15 Geo. II. c. 13. you stood acquitted by the sta- 
tute passed in the reign of Geo. III. which operated, 
as a repeal of the former. It is, however, unneces- 
sary for me now to enlarge upon this topic, or to 
state the reasons which occasioned alt of the judges, 
ultimately, to be of a different opinion. I am au- 
thorised by them to say, that they entertain no 
doubt upon the subject j and that they all concur 
in opinion, that nothing is contained in the second 



AS LETT. 31 

act, which can operate as a repeal of the first act. 
The only question which then remained for their 
consideration was, whether or not these bills fell 
within the meaning of ihe statute 75 Geo. II. and 
could be denominated effects according to that act. 
On this point, indeed, the judges weie not unani- 
mous, but the majoiity are ot opinion, that they 
are effects ami securtics within the true mean- 
ing of the act. In order to make the matter 
more intelligible, 1 shall read to you the clause of 
that act to which I particularly allude: — '* Be 
it enacted by the authority aforesaid, that if any 
officer or servant of the governor and company 
of tile Bank, of England, be entrusted with any 
note, biil, dividend, warrant, bond, i\ce<\, or other 
security, or effects belonging to the said company, 
or having any such security from any other per- 
son lodged with the said company, shall secrete, 
embezzle, or run away with any such note, &c. 
every pnjfer or servant so offending shall suffer." 
as the act direct^. The great '"object or the legis- 
lature was to add security and administer protection 
to the Bank of England. The immense national 
concerns with which it was and still is entrusted, 
called upon the legislature for particular provisions 
in its favour. The principles of legislation must 
now be applied to the object then under contempla- 
tion.; and the view we take of any code of laws 
must be more comprehensive when it concerns so 
materially such a large incorporated body, than 
when it only telates to private individuals. Con- 
sidering this law then in the enlarged and liberal 
view on which it was framed by the legislature (at 
the same time that all the judges disclaim any wish 
to strain any part ot it where it is so penal,) the 
recollection of the enormous weight of exchequer 

■ bills, 



* ASLITT. 

bills, in which the public were so deeply and ma- 
terially concerned, cannot fail to occur to every 
mind. That these bills had become trie fair and 
valuable property of the Bank was allowed on all 
hands, but still it was argued that they were not 
such securities as fell within the true meaning of 
the act of parliament, because they were not of v 
any positive or intrinsic value. Now, whatever 
shall h£ deposited with the Bank, was expressly 
guarded by the words of the act: and although the. 
bills in question be of no descriptive legal value, 
yet they carry about them such a consequence at 
least as may make their preservation of the utmost 
importance to the Bank. In that view, therefore, 
they surely have their value. The very exchequer 
bills which they would be, were the defects removed., 
the government of the country were called on to pay, 
,in as much as they have been issued under the autho- 
rity of parliament. They were given as valid 
bills, and the holders of them have as strong a 
claim, I will not say upon the honour only, but 
even upon the justice and equity of parliament, for 
the payment of them, as'if they had been perfectly 
correct in every particular, and in all their parts. 
They are at least valuable papers, whatever they 
may be called, and the holders of them have them as 
such, |fcving paid for them the value which they 
respec'fJply import. They are therefore to be in- 
cluded in the true meaning of the word securities, 
which may be in the end available to any person 
who may be possessed of them. Nor are they less 
to be deemed included under the meaning of the 
word effects, which is confined to no particular spe- 
cies of property, but may consist either of specie 
pr any other article whatever. It was. this that the 
legislature had in viev* when the act was passed $ 
^ Y ' -fcr 3 



45 LETT. 33 

for, be tbey effects, or securities, or both of them, 
they import value upon the face of them. The 
embezzling or secreting of such effects or securities, 
constituting part of the property of the governor 
and company of the Bank of England", is not (by 
the act alluded to) made larceny, but it is created 
a felony, which does away the necessity of any 
value being ascertained. But it must be acknow- 
ledged, that these bills of themselves are such a 
species of security, or effects, as no man would he- 
sitate about giving the value which appears on the 
face of them. They are such effects or securities, 
that if a bankrupt had got value for them, he would 
be bound by law to account to his creditors for 
them as a part of his just debts. Ah executor, 
who found such bills, in the possession of his testa- „ 
tor, would be bound to pay a tax for them to go- 
vernment, as making part of that property which 
might fall into his hands ; and he. would be liable to 
punishment were he to destroy them. But it was 
argued, that the words were to be construed in a 
manner that they would not ascribe value to things 
which were perfectly nugatory in themselves, as 
pieces of waste paper, &c. The judges, however, 
jiave not found* themselves driven to that extreme 
length in construing the act of parliament, which 
they have so minutely considered. Their judgment 
only goes to the express words of the act itself, 
referring to such securities or effects only as are en- 
trusted to the officers or servants of the Bank. 
These bills, therefore, being of such a nature, as 
that government were bound to correct all deficien- 
cies or irregularities, and pay the amount to the 
Bank, who had purchased them for a valuable con- 
sideration, the majority of the judges are of opinion, 
t^at they are really the effects and securities of the 

Bank ? 



3 & A S L E T T — B A R B £ R . 

Bank, falling under the construction of the act 
15th Geo. II. and that their embezzlement by you, 
being an officer and servant of that company, sub- 
jects you, in point of law, to conviction upon the 
indictment on which you were found guilty.'" 
The prisoner bowed respectfully to the court; and, 
as he expressed but little agitation on hearing the 
unfavourable decision of the twelve judges, it was 
supposed he must have been previously prepared for 
the fatal opinion. On the following Monday, 
(February 20,) this unfortunate man received sen- 
tence of death, and appeared wretchedly dejected. 
When he was asked, what he had to say why judg- 
ment of death should r)ot be passed upon him ? he 
answered," Nothing; I resign myself to my fate." 
He never looked up the whole time the Recorder 
was addressing him,^and left the court under great 
perturbation of mind. A report of his case was 
not made to the king by the Recorder till Novem- 
ber 1 8th, when we was respited during his Majesty's 
pleasure, and as the sentence of the law has never 
since taken place ? in all probability he will remain 
a prisoner for life. 



B 

BARBER, alias DALY, ELIZABETH, 
(murderer,) was bom in King -'street, Dept- 
ford, of honest parents, whose name was Wright. 
In her infancy, she betrayed a very turbulent 
disposition, which, not having been duly corrected, 
encreased with her years. By her husband Bar- 
ber, a waterman, it is said, she had two sons and 
I wo daughters. Barber got a good place in the 
Custom- house, but the violent malicious temper 

of 




% '""'' WM 



E.Bab bek 



BARBER, $ 3 

of his wife, who was now beyond all control, 
prevented hi'm from enjoying any comfort. Slit: 
once stabbed a man' of the name of Thomas Seeiles, 
for which she was indicted and imprisoned at 
Maidstone twelve calendar months : this, however, 
proved no check to her fury, for having formed 
an intimacy with John Dennis Djly, a poor col- 
lege-man, at Greenwich, she murdered him on the 
14th of October, 1804., by stabbing him in the 
breast with a knife, for which she was sent to 
Maidstone-goal. The first witness who was called 
on her trial, was Morgan Callagan, who said, he 
was a pensioner at Greenwich- hospital, ami knew 
Daly and the prisoner, who lived together as man 
and wife. On the above-mentioned day, the pri- 
soner and her daughter went out ; the witness 
staid at home with Daly in his room. When the 
prisoner came back, they had a pint of gin toge- 
ther. He staid with them till a little after eight. 
While he was with them they had a dispute about 
two seven shilling pieces, when she. took a case- 
knife from the mantle piece, and said, she would 
have his life, if he did not give the money to her. 
Daly was at that time sitting in an armchair ,by 
the fire-place. When she took the knife, the 
witnes> said, <* Good night, I shall not stay here 
any longer, and went away/ 1 She had not at that 
time laid the knife down. Ann Ward, the next 
witness, stated, that she lived in the room under 
the prisoner's room at Greenwich 5 she heard a 
trampling over her head, as though of persons 
scuffling. This was half an hour before she heard 
the cry of murder! and she heard Mrs. Daly, the 
prisoner, say, " I'll do it— I'll do it! I will not 
put up with it!" In about half an hour after- 
ward^ she. heard the prisoner open the door, and 
/ cry 



35 BARBKIU 

cry out " murder ! — bloody murder I my husband 
has stabbed himself, and'is dead enough, will ro- 
body come to my assistance r*- The witness called 
the woman who liveth underneath, in the kitchen, 
and they both went up stairs with the prisoner. 
When they got up, they saw Daly sitting in a 
chair with his head hanging on his left shoulder, 
the bosom of his shirt was open, and the wound on 
his breast was washed very clean. The prisoner 
was all the time smoaking her pipe, veiy uncon- 
cerned ; merely obt-erving, that he had stabbed- him- 
self, The witness being frightened. went down 
stairs;. Mrs. Barber, the prisoner, followed them 
down, and continued smoaking at the bottom of 
the stairs. Ann Broughton, deposed that she 
knew Daly,, and saw the" prisoner on the 14th in the 
evening, before the coliege-beli had done ringings 
the ■prisoner said, *'■* In the name of God, Nanny, 
go up with me, I have done it, I have done it ! 7 ' 
The witness replied, " In the name of God ! what 
have you done ?" She said li she had done mis- 
chief, and mischief she was bcuind for.' 1 The wit- 
ness went up -stairs with her, and observing her 
hands all over blood, she asked her. (i What 
have you done! 1 ' She kept repeating, <C T have done 
it!" She took the knife, and pointed it against her 
side, saying, it was that which had done the mis- 
chief: she took the knife, and washed it and her 
hands. The witness sat down, and the prisoner 
kept walking about the room, but said VQry little. 
A soldier in the West London militia deposed, 
that as he was standing at a public-house door at 
Greenwich, near the hospital, about nine in the 
evening, the prisoner came up to him and said,, 
that her husband had stabbed himself j begging 
fl$fc he would go -with her. He wmt- with her, 

and 



BARBER. 37 

and meeting two men at the bottom of the stairs* 
he desired that they would go up with him ; but they 
said they would have nothing to do in die matter. 
He went up into the prisoner's room, and saw the 
deceased sitting in a chair, his head hang ng on 
his shoulder. He was dead, but not cold. He 
then undressed the dead man, and laid him out 
upon the bed, covering him with his own great 
coat. Soon afterwards two women came in, one of 
which was Ann Broughton ; they had some beer, 
and the prisoner ali the time kept smoaking her pipe. 
While they were sitting together, one of the women- 
moved a dish with her elbovy, and underneath were 
two seven-shilling pieces. She took them up, and 
said, '** what are these, they do not belong to me." 
The prisoner immediately got up and clasped her 
hands together: she walked to the bed, and look- 
ing at the corpse, she exclaimed, " What have I 
done? What have I done ? Through the*e pieces 
you and I have parted." But she did not say, in 
the recollection of this witness, that she had in* 
fticted the wound ; on the contrary, she always 
said that the deceased had stabbed himself. The 
other woman, who came in with Broughton, gave 
the same testimony as to the finding of the two 
seven-shilling pieces, which she said were wrapped 
up in a greasy bit of paper. When they were 
found, the prisoner shewed some emotion, and went 
to the bed side, and exclaimed over the deceased, 
16 What have I done ?" Mr. Henry Irish, a sur- 
geon at Greenwich, who examined the body, stated, 
that the wound was inflicted above the sixth rib, the 
knife passing through i he left lobe of the lungs, 
and penetrating for about an inch the apex of the 
heart. From the direction of the wound, it was 
not probable that the deceased inflicted it upon 

VOL, IV E 



SB BARBER — BARTONS 

himself, for it would require great strength to ef- 
fect it, and it was not in the direction that a man 
was likely to strike himself. The prisoner, in her 
defence, persisted that the deceased had stabbed 
himself, and that he was occasionally slightly af- 
fected in his head. The learned judge called Cal- 
lagan again to ask as to that assertion ; but he 
said Daly was never violent, unless he was drunk, 
but that he was not drunk on that day. The 
learned judge summed up the evidence of the wit- 
nesses with great minuteness and precision ; but 
as the witness, Ann Broughton, had varied consi- 
derably in the evidence she gave on the trial, from 
that which she gave before the coroner, he observ- 
ed, that he thought her testimony so doubtful, he 
would not advise the jury to attend to it at all. 
The jury found the prisoner — Guilty, and the 
learned judge immediately pronounced the sen- 
tence of death. She was aged fifty-three 5 and 
when sentence of death was passed upon her, she 
begged her body of the judge for her children. 
Her dress on the day of execution (which took 
place March 25, 1805, on Pennenden- heath) was 
very decent ; but, from the time of her quitting the 
prison to the fatal drop, she never uttered a sentence* 
Before leaving the prison, however, she made an 
ample confession of her guilt ; and appeared very 
penitent, shewing great firmness aud resignation to 
the last moment. 

BARTON, RICHARD. SeeHooK, Samuel. 

BEATSON, JOHN, and WILLIAM WH AL- 
LEY, (mail robbers,) supposed father and son, 
for after condemnation it appeared that William 
Whalley had been brought up by John Beatson 
from an infant, and was ever afterwards considered 
as his son; but happy might it have been for the 

, young 



BEATSONS* 39 

young man, had he found another father, whose bad 
example was probably the cause of his ignominious 
exit, when only 27 years of age. — The elder Beat- 
son, who was about 70 when executed, was a na- 
tive of Scotland ; and, in the former part of his 
life, he had made several voyages to the West-In- 
dies, in merchants' service : he afterwards settled 
in the city of Edinburgh, where he kept a very re- 
spectable house, known by the name of the College 
Tavern. In this situation he continued for some 
years, till at length he resigned his business to his 
adopted son, who was then married ; and the same 
was carried on by William Whalley, with the 
greatest attention and respectability. This, how- 
ever, did not last long j for death, which so often 
interferes with our choicest comforts, deprived the 
younger Beatson of his wife, whom he tenderly 
loved. In consequence of this melancholy event, 
he soon experienced confusion in the order of do- 
mestic management, and was daily liable to the 
impositions and depredations of those entrusted to 
manage his concerns. He, therefore, thought it 
best to leave such a situation, and look out for 
some other business, which he might conduct with 
greater ease and security to himself. Accordingly, 
he sold every thing off, and being entirely disen- 
gaged, came to London for the purpose of enjoying 
a little recreation, and of entering again into busi- 
ness, when opportunity and inclination induced him 
so to do. In the mean time, old Beatson hired 
himself as a butler to one or more families of dis- 
tinction in Scotland. William Whalley, soon after 
his arrival in London, found it necessary to fix on 
some employment 5 accordingly, he hired a shop in 
Bedford- street, Covent Garden, and went into the 
Jiquor trade : the elder Beatson having been at 

E % that 



40 BEATSONS, 

that period in England, and out of service; but it 
was never understood that this business, or any 
part of it, belonged to the old man. William had 
Hot livid in this situation more than a twelvemonth, 
before he grew weary, and sought to leave it. A. 
person, who now came forward, agreed to take the 
whole off his hands, and promised that all should 
be paid and settled in six months ; but unfortu- 
nately for young Beafson, the person, who thus 
took his business, is said, at the expiration of three 
months, to have failed, became a bankrupt, and 
paid his creditors but a very small composition in 
the pound. This consequently involved the youn- 
ger Beatson, who now took refuge in the neigh- 
bourhood of Eden bridge and Hartfield, in Sussex, 
where he lived for some time on the wreck of his 
property, and then returned to London. Having 
expended ail, he was at length stimulated to raise 
money by mal practices. Accordingly a he and his 
nominal father left London, July 18, 1801, and 
came as far as the Rose and Crown, Godstone, in 
the county of Surry, where they slept that night. 
The next morning (Sunday) they left Godstone, 
and proceeded as far as the Blue Anchor, in the 
said parish, distant about four miles, where they 
dined, which they left about six o'clock in the 
evening, and were seen- on East Grinstead Common 
between eight and nine o'clock. During their stay 
at the Blue Anchor, several enquiries were made by 
them a- to the conveyance and arrival of the mail. 
^bout half-past twelve o'clock that night, the 
mail boy was stopped on Wall-Hili, near Forest- 
row, in the parish of East Grinstead, by two men 5 
one of whom confined the boy in the cart, and the 
other led the horse and cart into an adjoining field, 
the bars of which were previously taken down, 

where 



BEATSONS. 41 

where they took from him the bags and letters for 
London, &c. The person who rode with and con- 
fined the mail boy in the cart, presented a pistol to 
his breast j but told him, if he remained quiet, and 
made no resistance, they would not hurt him. They 
then left the field, carried off the bags and letters 
on their backs as far as a wheat- field, in the parish 
of Hartfield, a distance of six miles j and secreting 
themselves among some standing corn, opened the 
letters, and took therefrom all the bank of England 
and country bank-notes they could find, and then 
left the remainder of the property, with the letters, 
exposed therein. About a month after, when this 
wheat- field was to be reaped, the bags and letters 
were found, and also property, in drafts, bills, &c. 
to the amount of 953 1 i. 14s. i|d. which, with the 
bags and letters, were immediately conveyed by the 
post- master of East Grinsteadj to the general post- 
office, London, The next morning (Monday) after 
the robbery, the same two men came to Wester- 
ham, and stopped at a public- house called the 
Chequers, where they took some refreshment, ap- 
peared very tired, and said that they belonged to 
the dock-yard at peptford, and that they must be 
there by a certain time : accordingly, they hired a 
one-hor.-e chaise to convey them thither, which they 
paid for with a 5I. note, and their bill in the house 
with a 2I. note. Their whole conduct at Westei- 
ham, to Deptford, was very singular, and excited 
much suspicion, having varied so much in the places 
to which they said they belonged, and had a desire 
to go. The person who attended them in order to 
bring the horse and chaise back when they got to 
Deptford, observed, that they both got into one of 
the stage-coaches, which was then going to Lon- 
don* and went there, instead of going to the dock- 
£ 3 yard, 



42 EEATSONS. 

yard, at which they declared they must be, and to 
which they said they belonged. The same even- 
ing it was proved, that John Beatson purchased 
some shoes at a warehouse in Oxford-street, and 
paid for them with a ttn pound bank of England 
note, which was found to have been sent by the 
mail from Lewes the night before.— Having been 
in London about a week, and having issued notes 
by making small and various purchases, the Beat- 
sons left London in a gig, with an intention of 
going to Ireland ; and in passing through Che- 
shire, they stopped all night at an inn in the town 
of Knutstord, where their singular behaviour, and 
"brutal treatment of their horse, were noticed by 
jnany people. It may not be improper here to ob- 
serve a very singular circumstance which occurred 
on their arrival at this inn They were introduced 
anto a room where two gentlemen were sitting, and, 
for the sake of society, spent the evening together : 
one of these gen f !emei>was a London traveller, And 
the other no less a personage than James Snook, 
who robbed the Tring Mail, and was afterwards 
executed for the same. They were all strangers to 
each other, and no doubt little thought that three 
out of the four were of the same profession. In 
the course of the next morning, the Beatsons left 
the inn. On the arrival of the mail from London^ 
hand-bills were received from the general post-of- 
fice, giving a description of the persons who, it 
was supposed, had robbed the Brighton 7 mail. Lit- 
tle doubt was now entertained that the Beatsons^ 
iwho had just left the town, were the men who had 
committed this robbery, as their ages and persons 
exactly corresponded, with those described in the 
hand-bills, and particularly as they had also a dog 
Yflth a silver collar^ and their gig was likewise the 

same 



BEATSONS, 43 

same as mentioned in the advertisement. At this 
time a surveyor of the general post-office was in the 
neighbourhood, and the circumstance having been 
communicated to him, he immediately set off in 
pursuit of the Beatsons ; and, finding out the inn 
they were at in Liverpool, he, with an attorney 
and proper officers, went and sec-ured-thtm, The 
old man was in bed, but William was about the 
house. On searching their travelling trunk, many 
of the articles were discovered, which had beers pur- 
chased at different places in London, and notes to 
the amount of 1700L wrapt up in one of the Lewes 
letters; also other property on their persons, 
amounting, in the whole, to near 3000I. A pistol 
was also found in the box. They were taken to 
Bow-street, and after two examinations, commit- 
ted to the county goal, Horsham, to take their trial 
at the then next assizes. In the mean time, young 
Beatson, with a person under charge for horse- 
stealing, attempted to escape from prison, but they 
were discovered some hours after they were first 
missing, in a sewer, into which they had entered 5 
supposing to have got out that way. Their trial 
came on at Horsham assizes, March 29, 1802, be* 
fore Baron Hotham, when about thirty witnesses 
were examined for the prosecution $ many of whom 
swore to their property, and identified the prison- 
ers as the persons to whom they had sold it. — In 
short, the circumstances against them were so 
strong throughout the evidence, that the counsel 
for the prisoners had little or no opportunity of 
exerting their abilities in their favour. The pri- 
soners were then called on to make their defence, 
when young Beatson, taking some papers from his 
pocket, was permitted to read them, which he di4 
IP a very able and distinct manner. The first pa- 
s' £9 



44 BEATS ONS. 

i 

per was the production of the old man, acknow- 
ledging himself guilty, hut that his son (as he still 
called him) was innocent. His own tended to - 
prove the same, and that his father (as he also 
called him) had given him part of the stolen pro- 
perty which was found upon him, under the" assu- 
rance of having received a large remittance from 
India. After which he bowed, and waited for the 
awful moment, which at once was to decide their 
fate on earth. The judge then summed up the 
evidence in a clear and impressive manner, and the 
jury were preparing to return their verdict: when 
the younger Beatson requested again to be heard. 
He said, he was fearful the court had not properly- 
understood and considered his defence 5 and there- 
fore went over much of the same subject as before. 
The jury now retired, but a few minutes only 
elapsed, when they pronounced them both — guilty. 
The prisoners were immediately taken away, and 
sentence was not passed till evening, when they* 
were ordered to be executed near the spot where the 
robbery was committed, after remaining in prison 
the usual time to make their peace with God.— - 
When the fatal sentence was pronounced, they 
both dropped lifeless to the ground, and some time 
elapsed before they again recovered. Their exe- 
cution took place on Saturday, April 17, when 
they were put into a cart, and arrived from Hor- 
sham to the gallows about 1% o'clock. They were 
attended by a catholic priest, and their behaviour 
was truly decorous and penitential. They suffered 
amidst upwards of 3000 spectators, and after hang- 
ing the usual time, were cut down, put into coffins, 
and their bodies conveyed back again to Horsham 
for intejrment. Thus perished the Beatsons, from 

whes§ 



CARNEY* 45 

whose untimely etid let age and youth take an in- 
structive lesson. 

BEVAN, GEORGE. See Walker, G. R. 

BRIDGE, WILLIAM. See Fordham, J. 

BUCKNELL, THOMAS. See Jackson, Jos, 

BURROWS, JOHN, See Cubitt, Wm, 

BYRNE, J. See Hawley, H. 



CARNEY, MICHAEL, (murderer,) was a 
journeyman soap maker, resident in Hull's-place, 
Brick lane, Old-street, who, in a fit of anger mur- 
dered his wife (Anne Carney,) August 2, 1803. 
Let his example be a warning to those of an irasci- 
ble disposition to beware of the dangerous effects of 
ungoverned rage : the crime for which this- offen- 
der so justly suffered, is considerably aggravated, 
when we find that the woman whom he murdered 
was his own wife, entitled to his support and pro- 
tection, and that at the, time when his cowardly 
hand gave the blow, she was doing all in her 
power to please him. — His trial came on at the 
Old Bailey, Friday, September 16, before Mr. 
Baron Hotham. — The first witness who was called 
was Anne Myers, who deposed, that she was next 
door neighbour to the prisoner and the deceased. 
On the 2d of August the witness heard the prisoner 
come home from his work, about half-past eleven 
o'clock in the forenoon, and abuse his wife in the 
most scandalous manner} the deceased was then 
employed in washing several articles of clothes; 
this was very frequently her employment, f- Imme- 
diately on the prisoner's entrance, he said to his 
wife, « You are d— d busy, you bl — d b— .' Of 

these 



46 CARNEY? 

these expressions his wife took no notice, but said 
to him, M Here are two nice cauliflowers, shall I 
boil them for dinner ?" He answered her by say- 
ing, c What do you think, you b d w— - ?* 

Immediately after this, the witness heard several 
violent blows given, and the prisoner's eldest 
daaghter calling out," You have killed her!" 
The witness then left her own house, and went into 
that of the prisoner's, when she saw the deceased 
lying } bleeding. The prisoner said to his wife, 
•* I must have my dinner at twelve o'clock ;" and 
the deceased answered, that she would use her best 
endeavours to procure it by that time : this was 
after the blows had been given. The prisoner then 
went out, and returned punctually at twelve 
o'clock. On this occasion he swore most violently, 
and said, that * he would cut her b— y liver out, 
and would not rest till he had murdered both her 
and the children.'* The witness saw the deceased's 
father go into the house at this time, and shortly 
afterwards Mrs. Carney was brought out, in a state 
more like that of a dead woman than any thing 
else. The deceased said, " she had now got her 
death-blow from her husband." She appeared to 
this witness to have got a violent blow on her nose, 
insomuch that it was flattened in her face. The 
deceased also added, that her husband had struck 
her with a candlestick, which broke on her body, 
and had hurt her so much in her bowels, that 
she was sure she Could not live. — William Bell, 
the father of the deceased, said, he happened to 
be near the place where his daughter lived, on the 
ad of August. When he was within ten yards of 
the door of the prisoner's house, somebody called 
out to him, ' Run ! run ! the man is murdering 
your daughter." On this he went into the house in 

a great 



CARNEY. 47 

a great hurry, and found his daughter then lying 
on the floor, and the prisoner over her in the atti- 
tude of striking her with his knee and foot. The 
witness pulled the prisoner off, saying to him (the 
prisoner,) « thou hast finished the job now, as 
thou often promised to do/ The prisoner an- 
swered him by swearing, that ' he would do his 
(the witness's) business also ; for he would not rest 
satisfied till he had completed his purpose.' This 
was said by the prisoner in presence of his wife, 
but she was totally insensible at the time. The 
witness having removed his daughter to some dis- 
tance, the prisoner again came up to her, in order 
to do further mischief, but was prevented by the 
witness seizing him. When the deceased recovered 
a little, she said, * she had now got hex death blow, 
and that the villain had now executed his threat- 
enings ;' at the same time laying her hand on her 
stomach, which she complained was much hurt* 
The witness saw his daughter every day sinc^ that 
event down to her decease, which happened upon 
the 17th of that same month of August } and she 
all along said, that she suspected she should die in 
consequence of the injury she had received from her 
husband. Some time previous to her decease, she 
begged the deponent to go to the justice, and use 
his endeavours to get the prisoner released from 
confinement. Being cross interrogated by the pri- 
soner, that he (the prisoner) sent to the deceased 
to say, that if she would endeavour to liberate him 
he would reward her. The witness knew that the 
prisoner sent his wife a one- pound note. Anne 
Graham said, that her husband k^eeps a shop in the 
neighbourhood of the prisoner's house. She heasd 
of the deceased's being so hurt, about one or two 
o'clock, at which time she went to enquire after 

Mrs, 



48 CARNEY, 

Mrs. Carney. She found her sitting in a chair* 
and supporting herself upon her daughter's shoul- 
ders. This daughter, who is about thirteen years 
of age, said to her mother, « Mother, here is Mrs. 
Graham.* The deceased, on looking round, ex- 
claimed. Oh, Mrs. Graham, Mrs. Graham I for 
fourteen years have I borne my husband's ill usage 5 
but now he has given me my deaih-blo-uu. If you 
were to see me from my ancle upwards to my 
groin, your, heart would break I' The witness 
begged her to cheer up, and said, she would soon 
get better. To this the deceased answered, ' No, 
never'* The witness observed, at this time, that 
one of her eyes was much hurt and perfectly black, 
and that the bridge of her nose was flattened into 
her face. She hedged her to take some refreshment 5 
out she said that her inside was so hurt with the 
bruises she had received, that she really could not 
take any thing. She also said, that her husband 
had beat her so much about her kidneys, that she 
absolutely thought they had parted. That- he had 
often threatened her before, and that he had now 
succeeded. The witness never saw the deceased 
afterwards from the 2d to the 17th of August, the 
day on which she died. She then S3W her about 
half an hour after he! death ; on which occasion, 
she examined her body, and found that her eye and 
nose were in the same situation as formerly \ and 
that the whole space from her ancle to her groin 
was'as black as the witness's cloak, owing to the 
bruises which she had received. — She was also very 
much swelled in the groin. There was apparently 
the mark of a kick upon her thigh, and various 
small marks of violence upon her stomach and else- 
where. This witness had been acquainted with the 
deceased for about a twelvemonth, and during all 

that 



CARNEY, 49 

tliat time she appeared to the witness to he exceed- 
ingly careful of her family. These facts were 
further confirmed by the testimony of John Young, 
who assisted the deceased's father in holding the 
prisoner. But what was most affecting of all was, 
to see the two daughters, Mary Anne, not twelve, 
and Emma about fourteen, coming to do justice 
to their deceased mother against their father. The 
former of these unhappy girls, Mary Anne Carney, 
was examined relative to the ideas she entertained 
©fan oath, and the consequences that would result 
from telling a falsehood. The answer which she 
returned Was exceedingly correct, viz. that if she 
told a falsehood, when on oath, she should be put 
on the pillory when in this world, and go to the devil 
when in the next. She heard her mother ask her 
father, if she should dress some cauliflower for din- 
Ifejr". Her father swore terribly ; then got up, and 
knocked her down with a severe blow on the nose. 
This witness said, that she then went to fetch a 
constable, and, when she came back, her mother 
was lying upon the floor. Her father had then 
held of an iron pot, which was on the fire, with 
one hand, and with the other held her mother by 
the throat. He held her so fast by the throat, 
that he threw her into convulsions. The wit- 
cess's sister was screaming out, and alarmed iha 
neighbours, and then her grandfather came in, and 
took her father off, and raised her mother, who 
fell into his arms. She heard her father swear 
terribly, and threaten to have her mother's heart's 
blood. The prisoner was allowed to cross- inter- 
rogate his daughter, which he did, but it pro- 
duced nothing in his favour, for she persisted in 
wbat she had stated. Emma Carney, the prisoner's 
eldesl daughter* said, she ■ was at home when hei; 
f father 



50 CARNEY* 

father returned from work at eleven o'clock on the 
2d of August. He brought with him part of a 
leg of mutton, which he gave to her mother, to- 
gether with half-a-guinea. Her mother was stand- 
ing by the side of the table when her father 
knocked her down with a violent blow upon the 
nose, so as to break it. After the witness had 
raised her mother up, her father knocked her down 
a second time. The witness went out immediately 
for a constable, and when she came back she saw 
her grandfather, who went in along with her. At 
this time the witness was in such confusion that she 
could not discover what he did to her mother after- 
wards. On being cross-interrogated by her father, 
this witness persisted in saying, that she saw him 
knock her mother down twice. Several medical 
gentlemen were examined, and their testimonies 
all tended to convince the jury that the deceased 
owed her death, to the violent blows and kicks 
she had received from the prisoner. The pri- 
soner, on being called on for his defence, gave 
in a written petition, which was readaloud to the 
jury as follows: 

U To the Right Honourable the Lord-Mayor, 
and the Honourable judges of the Sessions. 

" The petition of Michael Carney, the prisoner 
at the bar, 

" Most humbly sheweth- — That your petitioner 
standing indicted for the wilful murder of his wife, 
and being deprived of the means of feeing coun- 
sel, by the prosecutor (petitioner's father-in-law) 
having purloined and embezzled his property since 
his confinement, has tbu-s ventured to submit his 
case for your lord^nip's consideration, with a full 
hope of justice being done him. That petitioner 
is a. journeyman soap-maker, and upon his return 

home 



CARNEV. 51 

home from employment in the country, in August 
last, to pay his rent, a trifling dispute had arisen 
between him and his wife, respecting her not hav- 
ing his dinner ready in due time, to meet his master 
by appointment, which had brought on some blows 
on both sides ; and the affray having come to the 
prosecutor's knowledge, he, with three or four 
men, came to petitioner's house, and demanded 
entrance, which being granted, petitioner was 
struck down, his clothes rent, and he was carried 
to prison for an assault on his wife, where, after 
remaining some time, the prosecutor and petitioner's 
daughter came to him, and caused the warrant to 
be discharged, on giving them seven shillings $ 
whereupon the petitioner went to his family, and 
reconciled all differences, after giving them some 
pecuniary assistance. That soon after petitioner 
set off, for his employment in the country, in 
friendship with them. That soon after he arrived 
there, the excise caused a seizure to be made on his 
master's effects 5 and lest the offence attached to 
petitioner, he abandoned the premises, and retired 
to a public- house in the neighbourhood, and was 
apprehended soon after, and brought to the Pub- 
lic* office, Worship-street, for the offence with 
which he is now charged. That a body of wit- 
nesses appeared against him: Mary Mayers de- 
posed, that petitioner knocked his wife down : she 
heard the fall, but did not see the blow : she saw 
a flat candlestick in or near the deceased's body. 
On her second examination said, the deceased toid 
her she had fallen on it. Mrs. Turnbull heard a 
noise only. The prosecutor, (deceased's father) 
saw the abuse, but said, she had had a consump- 
tion for twenty years. Dr. Smith's assistant, who 
attended the deceased, said she spit no blood, but 
¥ 2, sj>U 



•52 CARNEY. 

spk phlegm and corruption 5 heard nothing said 
of the candlestick, or disrepectful of petitioner by 
his wife. A number of low prejudiced witnesses 
will appear. Surgeon Evans, who opened the 
body, saw no marks of violence to cause death 5 
her lungs were quite decayed and ulcerated, and 
appeared to have been of long standing. Dr. 
Smith deposed, that no violence caused her im- 
mediate death ; it might perhaps, in some manner* 
hasten her death j her heart was a httle drawn* 
occasioned by a disturbed mind ; blows could not 
have caused ulcers on the kings, without a force 
on her lungs; a small black spot, skin deep, ap- 
peared on her side ; she died of a natural consump- 
tion, of many years standing. Such Were the exa- 
minations before the magistrate. Your peti- 
tioner further stages to your ldrd>hips, that the 
prosecutor gave out that petitioner absconded from 
justice in the country, and abused his wife atter„ 
the warrant had been discharged : petitioner had 
no opportunity to abuse her, and his elopement was 
from a fear of being taken by the excise $ and he 
heard nothing of his wife's death till he was ap- 
prehended. That he was married to his wife 
fourteen years, by whom he had several children, 
live of whom are now living undei the age of 
twelve years, whose dependence for support and 
maintenance jests on your petitioner, 'who always 
paid due attention to his family, and whose utter 
destruction he could not premeditate. The tin- 
happy affair originated in -a mere trifle, without 
<any wicked intent, whatever may be given in evi- 
dence, before your lordships, against their 

u Most humble supplicant, 
" Michael Carney/' 1 

William 



CARNEY. 5$ 

William Bentley, a surveyor of excise, a witness 
called in behalf of the prisoner, stated, that he had 
known the prisoner and the deceased ever since 
their marriage, and had never heard him threaten 
his wife, nor her complain of ill usage received 
from her husband. On a cross-examination, how- 
ever, it turned out that this witness had only seen 
the prisoner and the deceased about fourteen times 
during the whole space of the fourteen years. The 
prisoner's father-in-law deposed, that his daughter 
had only been subject to an asthmatic complaint, 
"when she had occasionally caught cold. Baron 
Hotham then addressed the jury, and stated to 
them the necessity of their being convinced that 
the prisoner had expressed a degree of malice 
against his wife, ere they could find him guilty of 
wilful murder. The brutal manner in which this 
man had used the deceased, was, in his own opi- 
nion, incontestible from the clear and distinct 
account which had been given by all the witnesses, 
who had varied in no particular of their history in 
this affair. He then summed up the whole of the 
evidence in the most impartial manner, and in the 
recapitulation observed, that such coarse and har- 
dened expressions as it had been stated that the, 
prisoner made use of, were not to be considered, 
when used among the lower order of people, as 
evidence of the prisoner's having committed the 
crime with which he was charged 5 neither should 
his conduct, however brutal and inhuman it was, 
be thought sufficient to convict him, if they did not 
think the blows were such as occasioned her death. 
There was some difference in the opinion of the 
profession j but that must always be the case when 
they drew conclusions upon the state of the in- 
terior parts of the body, which they were preclude^ 
F 3 from 



54< CARNEY — CLARE. 

from seeing until the springs of life had ceased to 
perform their functions. The jury retire*! about 
ten minutes ; and, when they returned, gave in 
their verdict — Guilty. The recorder immediately 
passed the sentence of the law upon him in a par- 
ticular solemn manner, pointing- out the enormity 
of the crime of murder in general ; but particular- 
ly when that murder was aggravated by such 
repeated acts of barbarity as he had been guilty of 
against a defenceless woman ; and when that 
woman was one wdiom he was bound to protect by 
his solemn promise at the altar, and by every law 
both human and divine. At'this time the prisoner 
appeared to be a good deal affected with his un- 
fortunate situation. He suffered the Monday fol* 
lowing, Sept. 19, with penitent resignation. 
CALDER, GEORGE. See Walker, G. It! 
•CARPENTER, J. See Hook, S. ' 
CLARE, THOMAS, ('murderer,) was con- 
victed at the Northumberland Summer Assizes 
of 1805, of the wilful murder of William Todd, in 
/the parish of Tinemouth, The following is a brief 
statement of the evidence : Edward Potts (the first 
witness called) said, he kept a public house at 
Spring gardens, in the parish of Earsdon, near 
Hartley, in that county. Mr. Todd, (the deceas- 
ed) came to witness's house, on Saturday, the 18 h 
of August, about six o'clock in the evening, and 
..remained there till about half-past eleven o'clock. 
He remained waiting for his son, who wa^ working 
at Earsdon. The witness said, he saw the deceased 
have one glass of gin, who was in company with 
five others, and they had ten. tankards of ale 
amongst them. He did not think he had anymore 
spirits, nor was he (the witness) absent more than a 
quarter of an hour, and was always in the same 

room 



CLARE. 55 

room. ' He slid, his wife served the liquor. After 
the deceased left the bouse, he went home towards 
Hartley, where he lived. Witness went with him 
about ten yards from his own house, ,but saw him 
about hity yards upon the road, which has hedges 
on each side ot it. Saw him the next mornirrgj 
about eight o'clock, after he had been killed, at a"" 
house near Whiteiy, where he had been carried to. 
Upon cross examination, be said he ha:i known the 
deceased about twenty years, and was sure he was 
well acquainted with the road from witness's house 
to Hartley, where the deceased lived. He thought 
the deceased was sober, and the night was very 
light. The other men, that were drinking in com- 
pany with the deceased, lelt it about a quarter of 
an hour before the deceased did. The son, for 
whom he had been waiting, came to witness's house 
about four o'clock the following morning, but he 
would npt let him in at that hour. Upon being 
asked, if it was likely the deceased could miss his 
way, he replied, * It was not likely.* William 
Hays stated himself to be a private in the 2d regi- 
ment of Staffordshire militia, in August last. He 
said that the prisoner also belonged to the same 
regiment at the same time : he had known him near 
twelve months. Witness said he was in cainp at 
Culler/coats, and quartered in tent No. 2, and the 
prisoner was quartered in tent No. 4.. On Saturday 
night, the 15th of August, he was on picquet 
guard, and came off a little after three in the 
morning, and it was then neaily Sight. He went 
into his own tentj and called up a comrade (Joseph 
"Malk'n) io go and get mushrooms. This man got 
up almost immediately. He was not in their com- 
pany, nor was he in the*r tent, but a short distance 
from them. Bullock, w ho was drummer, was then 

beating 



56 CLARE. 

beating the reveille: they asked him to go vvKk 
them, and he consented. The witness and Malkin 
then went up the line, at some distance from Bul- 
lock, and thty met a dog with some meat in his 
mouth, which they took from him, and took to 
their own tent. They then went to Bullock's tent, 
and he said he would follow them soon, and Mal- 
km waited for witness at a little distauce. It was 
then light. The prisoner then came past them* 
and witness was quite sure it was he. Witness them 
asked him if he was going to get mushrooms, and 
he replied he was. Witness told him he was going 
also, and that Malkin and he were going; but the 
prisoner did not wait for them, but ran strait up 
the line towards Whitely j and they also went to- 
wards Whitely. Witness never saw him, after he 
was out of the camp, till after the murder was 
committed. The prisoner had on a grey big mi- 
litary coat, a foraging cap, and a hat above that* 
They went towards Whitley, and Bullock over- 
took them in the next field to the camp. It was 
Malkin that pointed out where they were to go. 
They had got some distance before they heard any 
noise. They first heard the noise after the pri- 
soner had parted with them twenty minutes. The 
noise they heard was some shrieks, as if some one 
were beat : they were very loud. They thought 
at first it was some of their men that had got into 
a pea-field, and the owner had caught him, and 
was beating him. It appeared to them at the 
distance of two or three fields* length. They ran 
as hard as ever they could, but they had not gone 
far before the shrieks ceased. They then heard 
two blows, as if the farmer was laying on the heavy 
blows with a stick, and threshing the man. They 
ssill continued to advance towards the place 

whence 



CLiftg. 57 

whence the sound carne, and looked about to try if 
they could see any of their comrades. They first 
saw something, ^but could not tell what it was $ if 
was about fifty yards distant. They went up to 
it, and found it to be a hat; and witness picked it 
up. The hat belonged to a man of their company, 
of the name ot Mason, who belonged to the same 
tent as the prisoner. It was a round Uatj and wit- 
ness knew it. was the same that the prisoner had on 
above his foraging cap. The next thing witness 
saw was the prisoner, about twelve or fourteen 
yards fiom the place where he (the witness) picked 
up the hat. Witness then called to him by his 
name. Ht saw him rise from the ditch, where he 
afterwards found the deceased. The prisoner ran 
along i he ditch, and jumped over the hedge. 
When he rose from the ditch he had no hat on, but 
only hi* foraging cap, and his big coat on, the 
same as he had on when they saw him in the camp. 
They went to the spot where he rose from, and at 
that spot witness saw the dead body, with his head 
tucked under his breast, his back against a bank, 
and his heels lying tovvards a bush.. On one side 
of his head, and on one hand there was blood. 
Witness saw a piece of wood (like a raii) that lay 
by one side of him, and seemed to have been 
broken, and there were s?me spots of blood upon 
it. They were all very much shocked at the 
sight. Witness then had the hat in his hand, and 
dropped it down he was so frightened, He pro- 
posed to their comrade fylaikin { ° g° to the camp, 
to see whether the prisoner had' come, back j but 
he would not. They then went into the next Held 
below. A comrade nam^d Barker came up to them 
in. the next field, and brought the hat which thty 
bad kit, They then went back with Barber to 

where 



58 CLARE — COCK* 

^here the dead body was, and then took more par- 
ticular notice of it. It was then between four and 
five o'clock, and they went to the camp. They 
went to the tent No. 4, and found the prisoner 
there, who was laid down on the bed with his 
clothes on. Witness said to him, c You are soon 
leturned ; were there no mushrooms V He replied, 
f I did not like to stop.' Witness said nothing 
more to him. After finding that he was in his 
tent, witness went to serjeant Cooke to confine the 
prisoner, and told the serjeant all they had seen. 
He was accordingly taken into custody. He saw 
the body upon the Coroner's Inquest, and was sure 
it was the same body he saw in the ditch. Several 
persons were then called, who confirmed the testi- 
mony of the last witness. The prisoner, being; 
called upon for his defence, said, he knew toothing 
at all about it 5 and intimated that it was all 
spite and ill will of some men in their company. 
The jury retired for about half an hour, and 
brought in a verdict of — Guilty. This malefactor 
suffered on the following Friday. He was almost 
lifeless before he reached the gallows, and died a 
penitent. Being a Catholic, he had been frequent- 
]y attended by a clergyman of that persuasion to 
whom, as well as to many others, he confessed his 
guilt, and the justness of his sentence. 

CLARKE, SAMUEL. See Honeyman, 
William. 

COCK, HENRY, (forgery,) whose case, 
Jike many others of a similar nature (particularly 
that of Hatfield, vol. i.) affords a melancholy 
example of the depravity and infatuation of even 
men of education and talents, was an attorney at 
BrewerVhall, having been descended from a good 
family in England, and, from his connections* 

generally 



iif3i; 









' '■w--.^':--::'A ,[ ^ : ^'='. -••--. : :> •;■':•: 







v— 



lift f^;^/" •' 







eniy Cock 



cock* 59 

generally considered in a respectable line of busi- 
ness. This unfortunate man, at the early age of 
twenty-six, was indicted for feloniously forging on 
the 20th of April, 180a, three papers, purporting 
to be letters of attorney of William Storey of Cha- 
tham, in the county of Kent, to transfer several 
sums of money in the Stocks of the Bank of Eng- 
land, and for uttering and making use of the same, 
knowing them to be forged. His trial came on at 
the Old-Bailey, before Lord Ellenborough, May 
i, 1802. 5 and occupied the greatest part of that 
day. It appeared that the prisoner was a near re- 
lation to, and had received the dividends, as they 
become due, for Mr. Storey, who died August 14, 
1801, leaving as he thought, considerable sums in 
the 3 and 4 per cents, and 7000I. in the five, me- 
morandums to that effect having been found by his 
executors among his papers. Several persons to 
whom Mr. Storey had lei t different sums pressing 
for their legacies, Mr. Jefferies, the acting executor, 
drew up a kind of plan for discharging them ; in 
which he appropriated the sums in the different 
funds for the payment of particular legacies, setting 
down 7000I. as in the 5 per cents, among the rest. 
Towards the end of November, this paper was 
shewn to, and copied by the prisoner, who was 
consulted by, and acted in town for the executor, 
and which copy was produced in Court. So far 
from informing Mr. Jefferies at that time of there 
being no property in the 5 per cents, to answer the 
legacies he had set down against the 7000I. the pri- 
soner sent two or three letters to persuade him not 
to sell it out till after Christmas, that they might 
have the benefit of the dividend. This was ac- 
ceded to by the executors, who, having left it 
beyond the time for that jiurpose* were at length 

determined 



60 , COCK. 

determined to fulfil the provisions of the will ; but, 
on applying to the Bank, they found, to their great 
astonishment, that the whole of the 7000I. in the 5 
per cents, had been sold out at different periods, 
the last in the month of August, 1801, by the pri- 
soner, under the pretended authority of a warrant 
of Mr. Storey. This warrant was produced; and 
Mr. JeMeries swore, to the best of his belief, the 
signature was not the hand-writing of his deceased 
friend. Mr. Storey's coachman, whose name was 
down as one of the subscribing witnesses, denied it 
to be his writing ; and added,- that he never wit- 
nessed any paper for his late master during the 
number of years he had lived with him. The name 
of Edward Bishop, described as a wharfinger at 
Rochester, appeared as another witness, according 
to the copy ; but it was deposed by the tax-gatherer, 
and other inhabitants of Rochester, that no person, 
of that name and description had been known there 
for the last thirty years. To prove that the pri- 
soner had made' use of this paper, and had 3ctualiy 
by that means obtained the money, the transfer- 
books were produced, and the several clerks of the 
Bank were called to prove the identity oi his person, 
Mr. Benjamin Cock, brother to the unfortunate 
prisoner, was one of Mr. Storey's executors; and, 
for the purpose of justice, had the disagreeable 
task of appearing in Court. He said, he had re- 
ceived 17-5I. at different periods for dividends : but 
when asked if he had received that sum for divi- 
dend after Captain Storey's death, he said," f* I 
found in the banker's book, 175b It vva<r passed 
to my account without my knowledge." The 
prisoner, in his defence, addressed the Court in 
the following .elegant and able manner. — "May 
it please your lordships, gentlemen ot the jury, 

my 



COCK, 61 

very little capable at any time of addressing a jury 
of my country, I am much les<> able to do so upon 
,an awful occasion like the present; yet {confess 
to you my feelings have been, considerably relieved 
by the extreme liberal and candid manner in which 
the gentlemen ha e conducted themselves towards 
me this day ; and I arn the better enabled to ad- 
dress you, because the result of this inquiry is so 
differtnt from that which has gone forth to the 
world, and is so inconsistent, that I humbly look 
with confidence to an honourable acquittal, and 
towards being restored > by your verdicr, to society- 
Gentlemen, you have an important duty to per- 
form ; you have either to restore an individual to 
society, or to send him to eel tain death ; I may 
say certain death, because we ail know that you are 
the dernier resort ; from your verdict there lies no 
appeal; and- I am confident you will weigh it 
with judgment and with mercy, peculiarly in a case 
of this sort, where there is no ulterior resort what- 
ever. 'Gentlemen, I should not have the pre- 
sumption to address you, if the lawof the land had 
not prevented the learned gentleman, who has paid 
such unremitted attention to the case, from doir^g 
it for rnej — he could do me justice in much 
stronger terms thanlcan myself; but when I look 
to the noble lord, who presides, and to you, gentle- 
men, I have nothing to fear : I trust you will al^ 
low for the inaccuracies of my speech, and that you 
will look at the case in all its bearings ; and if 
yon: are convinced, upon the evidence that has 
been adduced against me, I am guilty; let me be 
consigned over to the laws of my country ; but 
it the whole tenor of my life has been according to 
the rule of right ; if I have continued to act upon 
the principles of honour and honesty j and if the 

G evidence > 



62 cock. 

evidence, as far as it has gone, has been consistent 
with that character which has been gone into, 
then, gentlemen, I feel confident in the event of 
your verdict. Gentlemen, I did think, on the 
part of the prosecution, there would have been a 
clear consistent statement before you ; I should 
have thought charging me to have forged this 
power of attorney, that they would have begun 
at the foundation of the crime to shew that that 
power of attorney was forged : they have shown 
no such thing, or attempted it ; they ought to 
have gone on, and to have shewn you that the 
power of attorney, in October, 1800, 'was a for- 
gery j that they have not done. What is it we then 
come to? The power of attorney in April, which 
is charged to be the forgery, and we will go to the 
evidence on which it is founded. There is one thing 
before that, because the gentleman has been pleased 
to say, that it afforded some strong presumption, 
and I admit that suspicious circumstances have 
been laid before you ; but unfortunately I have 
not the opportunity, by evidence, of completely 
elucidating them, but will say, it is bare statement ; 
there is not positive evidence against me. I shall 
pass over all the different witnesses which have been 
called as to the entries in the bank-books, for form's 
sake, and will admit that there was such a sum as 
5000I. sold out ; the only questions you have to 
try, are, first, whether it was under a forged in- 
strument j and, in the next place, whether, if it 
was a forged instrument, I was the perpetrator 
of it, or uttered it, knowing it to be forged : 
Gentlemen, the first material circumstance I shall 
observe upon, is this : I take it in all cases, it 
certainly is not possible to show the perpetrator of 
the act j in this case they cannot, for it is im- 

, possible 



cock, 63 

possible to show the perpetration of the deed ; in 
order to be convinced that an instrument of this 
sort is a forgery, you will first lopk to the signature 
of the party himself, and next to those of the at- 
testing witnesses j what is the evidence ? Taking 
the signature first, I think, it is clear* that I was 
in the habit of confidence sufficient to be intitled to 
receive under it ; I think the gentlemen have pro- 
duced to you a power of attorney, authorising me 
to receive dividends upon the then stock, therefor© 
you have it before you on the showing of the pro- 
secution, that I was in the confidence of the testa- 
tor, and was allowed to receive his dividends; was 
it inconsistent, therefore, that he should allow me 
to sell it out when necessary ? And here I must 
make an observation upon the evidence of Mr. 
Packham, who said I had received the dividends 
on his stock, implying that stock was gone, though 
it will be found, through the whole transaction, 
his confidence had not been broken in upon." 
Mr. Garrow here interrupted the prisoner, saying, 
* It is but justice, if it will assist you, to declare, 
that respecting the servants of Mr. Storey, you 
conducted yourself with great fidelity.* The pri- 
soner thanked him forconecting him, saying, s he 
might have mistaken the evidence. 1 He then pro- 
ceeded : " Gentlemen, you have the evidence be- 
fore you of Mr. JefFeries, that this hand-writing is 
not, in his opinion, the hand writing of Mr. Sto- 
rey : there is not one single other witness, nor is 
there an iota of evidence before you that it is my 
handwriting. I will now resort to the attesting 
witness — the first is Robert Packham, he is called, 
and, from his appearance, he is little conversant in 
hand-writing ; he, however, denies that he attested 
jt ; you will recollect, that it is required at the foot 



64? cock. 

of Instruments of this sort, the parties should not 
merely subscribe their names, but their residence 
and professions, $ these forms have been complied 
with. And I should like to know, if it is not the 
hand-writing of Packham, why they have not 
brought you other evidence to show whose it. is: 
it is not the mere signature of Robert Packham j 
and is it possible for you to conceive, ir they were 
written by me, that they wdftld not have got per- 
sons to prove it was my writing ? They ought to 
have gone to that point, and shown to you that 
it was not merely suspected to be a forgery, but 
that it was a forgery created by my hand : they 
have attempted to effect it-out or court, but they 
failed in effecting it in court. Gemiemen, Mr. 
Francis is asked whether there was one Edward 
Bishop living at Rochester; he tells you there was 
not. I am not disposed to quarrel with that : but 
the solicitors who conduct this prosecution weie, so 
soon as the circuit was over, required to give rne 
the names of the Wtncs es, which was refused, and 
which, if it had been complied with, I would not 
h^ve been contented with calling a single tax ga- 
therer — I should not have stoppe I there- — I should 
have sent down persons or diligence and activity j 
and if I found it was impossible to discover them, 
I should h we put One Manured Pounds Reward 
in as large figures as they put tor my apprehension, 
and called upon them, tor the sake of public 
justice, to come and speak before you. On this part 
oi the quetion, I think they have gone a very little 
way : they have given us very slight evidence in- 
deed, as d it merely depends upon the opinion of 
Mr. JefTeries, that thi* is not the hand-writing of 
Mr Storey, who was a man afflicted with the gout, 
eighty years ot age, and liable to a hundred va- 
riations 



COCK. $$ 

fiatlons in his hand- writing. Gentlemen, the 
greater part of this case has been occupied by in- 
quiring, not so much whether it be a forgeiy or 
not, but with reading the correspondence between 
me and the executors, subsequent to the death of 
Mr. Storey, all tending to show most unquestion- 
ably, that there existed, at the period of Mr. 
Storey's death, 7000I. stock. I do not mean to 
deny those representations} they are proved. I 
would have admitted them, if my counsel would 
have permitted me. It is unquestionably true, I 
have constantly admitted to the executors that 
7000I. was there, and have acted upon it as such, 
and if the thing had remained undiscovered till this 
moment, I should have continued to do so, but does 
that prove the charge ? The question is, Whether 
it be a forgery or not ? Whether their confluence 
was broken in upon by the conduct I pursued, and 
pot giving me an opportunity of re lacing the 
money which I acknowledge is converted ; but I 
say there is no proof of forgery, and you have a 
right to infer from the confidence placed in me by 
Mr. Storey, with respect to his own dealings, that 
I might be authorised to transfer any of the stock, 
and I might have gone on representing it as still 
standing in the books, whereas it was not ; for I 
wished to keep the deception up, and I did keep it 
up to the testator till his death. Gentlemen, if 
there was any idea in >my mind that I should be 
placed in this tremendous situation, is it possible, 
that on the 19th of August I should be at the 
Parsonage- house, and every where to be found, 
and my papers liable to be inspected by every body 
who chose ? Is it not more likely, that, after the 
death of Mr. Storey, I should have gone off with 
Shose funds which Mr. JefTeries intrusted me with ? 
p 3 Th ? 



66 cock. 

The fact is this, ami you 'ought to try that fact* 
Whether it he most consistent with my representa- 
tion, or with the representation mane by the 
prosecution; then you ought to -paost, and con- 
sider whether it is a forgery, ami whether 1 am the 
perpetrator of it. Gentlemen, the probate of -the 
will was produced to you, and I apprehend \t rrny 
be read in evidence ; 1 defy them to show that 
any sum of 70001. 5 per ce'ms. is taken notice of 
by the testator by any one letter or declaration of 
the tesiator, that he had such st^ck, because it 
does not exist: they cannot prove it — they cannot 
show it. Gentlemen, there is another thing : when 
one of the witnesses was asked as to the testator's 
hand-writing to this instrument, the learned judge 
was pleased to ask whether he spoke with as much 
certainty as the subject was capable of? Most un- 
doubtedly, the witness did say,, I speak with as 
much certainty as the subject is capable of. 
Gentlemen, I have now given you a tew observa- 
tion-*,, not with rhat ability with which they would 
have been given by my counsel, hut in the best 
manner I am aide, considering the Agitation of my 
min i. Hasty, prude, and undigested as the-y are, 
arising trom'my unfortunate situation, 1 trust you 
wib gve such weight to th mas you think they 
deserve. The correspondence between me an.i Mr. 
Storey is destroyed, and it is utterly impossible to 
show his directions to me : you will give the due 
weight to the observations I have ma e, and it only 
remains tor me to address you upon my character-— 
that character has been in part given to you, and I 
flatter rnyseii", those who will be -een here to-day, 
will n^t diminish that which I have received 5 on 
that* I am willing to go to a jury of my country, 

trusting 



COCK. 67 

f rusting my life in their hands, and to the law, 
perfectly satisfied that whatever tbeydo, they will 
neither injuie the one , nor sacrifice the other.** 
Mr. Justice Mainwaring, Mr. Alderman Price/ 
and several other persons in an equally respect-able* 
line of life,' appeared to the prisoner's character. 
The jury, however, considered the fact as suffi- 
ciently proved to warrant their pronouncing a ver- 
dict ot>— Guilty.. His propriety of conduct, while 
under sentence in Newgate, was exceedingly praise- 
worthy. He was frequently cheerio J, but never 
seemed to lose sight of the awful situation in which 
he stood. — If, however, he appeared at one time 
more depressed than at another, it was after part- 
ing with a female with whom be had lived for a 
length of time. He was visited in his confinement 
by many persons of respectability. Mr. Melii-b* 
the contractor, was one of his condoling friends. 
Mr. Tatlock was seldom away from him, and was 
the last friend he took leave of on the scaffold. 
The Rev. Dr. Parsons of St. George** in the East, 
constantly attended him in "bis devotions, and took 
much pains to, prepare his mind to meet the awful 
moment that awaited him. On the day previous to 
his execution, he wrote a letter to his brother, a 
respectable young man in the navy,, requesting his 
company to sit up with him ail night, which would 
be the last they would ever^spend together j and 
his coming to him seemed to afford him much 
satisfaction, Iu the morning, when the farewel 
signal was given, a truly affecting scene took place 
between the two brothers 5 and, for the .moment, 
Henry's spirit seemed to fail him 5 but when they 
were separated, he soon 'resumed his former com- 
posure. He was dressed in mourning 021 the morn- 
ing of execution $ and suffered with Fennel antt 

Ha&wfight, 



68 COCK— pUBITT. 

Hartwright, Wednesday, June 23, 1802, having 
conversed with much seeming earnestness with the 
Catholic priest who attended the former (see Fen-? 
hell). He conducted himself on the awful oc» 
casion with great fortitude and propriety. 

CUBITT, WILLIAM, (robber) was a ser- 
vant ii) Lord Mansfield's family, who doubtless 
bore a reproachable character, having been suddenly 
discharged by his lordship's orders. He was in- 
dicted September 18, 1805, for feloniously stealing 
a gold snuff-box, set with brilliants, in the dwell- 
ing-house of the Earl of Mansfield, the property 
of the Earl. Lady Mansfield stated, that the pri- 
soner lived in their service, and was chiefly em- 
ployed by her as groom of the chambers. She 
discharged him by Lord Mansfield's directions, who 
was then at Ramsgate. Some time about the 26th 
or 30th of July, she had the snuffbox in question 
|n her care, It was a blue enamel on gold, with a 
miniature of the Emperor Joseph the II. on the 
top, set round with brilliants. The last time she 
recollected seeing it was sometime in IVfay, before 
they went to Caen- Wood. She kept it in a cabinet, 
in the organ- room, at their house in Portland- 
place. She knew nothing of the loss of it, until they 
received the magistrate's letter at Ramsgate, and 
then, upon a search, she found that the box had 
been lost. Joseph Dobree, a jeweller, seated, that 
on the 15th of August, the prisoner came to his 
liouse, and wanted to purchase a gold chain which 
was in the window. Having agreed for the price 
of it, he asked if he would take old gold in return. 
Being answered in the affirmative, he produced the 
fragments of a snuff box, which the witness saw 
had been of curious workmanship. He called his 
journeyman aside, and conversed with him for a 

moment 



CUBITT* €9 

moment on the subject, and then be aslced the 
prisoner where he got that gold. He replied, that 
he had it from a servant. The witness, in answer, 
said, he was sure it was no servant's property, and 
that he should not go away until he had given an 
account of it. The prisoner then snatched up the 
pieces of gold lying on the counter, and ran out of 
the shop. The witness followed him, and over- 
took and apprehended him. He was immediately 
carried to Marl borough- street office. Foy and 
Lovatt, the two police officers, belonging to Marl* 
borough street office, said, that the prisoner on his 
examination, told *the magistrate he lived at No. 
a i, Boisover-street. They in consequence went 
to search his lodgings. They found in a drawer 
twelve brilliants/ the crystal of a miniature pic- 
ture ; and under the fire, half-burnt, they disco- 
vered '-the remains of a miniature painting. Ca- 
therine LufTman, housekeeper to Lord Mansfield, 
said the prisoner was discharged from their service 
on the 29th of July. On the 2nd of August he 
came to the house in Portland-place, and said he 
had left some clothes behind him which he wanted. 
She told him to go up stairs and get them. He 
did go up, but before he went he pulled his shoes 
off. She told him he had no occasion to do that $ 
but he replied, he did not know whether the house 
was not cleaned. When he came down, she was 
sitting in the small library, under the organ room, 
where the cabinet stood 5 and if he had had his 
shoes on, she should have heard him over hei 
head. When he came down, he brought with him 
two bundles, which he said contained his own 
clothes. Alter her lady had received a letter from 
Mr. Conant, at Ramsgate, she, by her order, 
searched the cabinet, and found that the box was 

gone. 



^0 CUBITT. 

gone. The lock was not broken or forced, and, 
after some consideration, she found that the key 
of the organ, which was always ieft in the lock, 
opened the cabinet, which stood in the same room. 
Lord Mansfield examined the broken pieces of 
gold found on the prisoner, and declared he was 
convinced, from the workmanship, they were part 
of the box he had lost. The brilliants were the 
*ame sort as those round the miniature, but he could 
not swear that they were the same : he was positive, 
however, to the remains of the miniature. The 
face was destroyed j but the breast, with the 
Austrian orders, remained visible. He added, that, 
the box was a gift from the late Emperor Joseph II. 
to his great uncle, on leaving Vienna. He did not 
know the exact value j but he presumed some- 
where about 200 guineas. The jury found the pri- 
soner Guilty. He suffered with John Harding 
(see Harding) and Mary Parnell, Nov. 13, 
1805, at half past 8 o'clock, at the usual place, in 
front of the Old-Bailey. He appeared almost in- 
sensible from the moment he was brought out to 
the scaffold. The woman (an unfortunate girl as 
she appropriately stiled herself) aged 23, had been 
convicted on the 12th of the preceding July, of 
having forged a five pound Bank of England 
note : there were several other indictments against 
her of a similar nature. She was dressed all in 
white on the day of her execution, (white gloves, 
&c.) and was conducted to the scaffold by Dr. 
Ford, the ordinary. She suffered much before she 
died. The concourse of people that attended was 
immense. John Burrows, a youth of 17? who had 
been under sentence of death for forging a certain 
order of payment of 30I. 5s. 4d. with intent to 
defraud Messrs Sikes, Snaith, and Co. was also 

ordered 



CUB1TT-— FAULKNER. 71 

ordered for execution with Cubitt, &c. ; but was 
respited. His unhappy parents left town early on 
this day, thinking his fate inevitable. 



DODDS, CHRIST.. See Walker, G. R. 
DRANSFIELD, G. See Hook, James, 
DUNCAN WILLIAM. See Maycock, J. 



FAULKNER, RICHARD, (murderer,) 
who, though not 16 years of age, manifested a 
most depraved and vindictive disposition. He 
was convicted at the Ely assizes (held at Wis- 
beach, July 10, 1807) of the wilful murder of 
George Burnham ; and it appeared in evidence 
that the prisoner had been passing under the window 
of a Mrs. Burrfham, at Whittlesea, and that she 
accidentally threw out some water, which fell 
upon his head j in revenge for which, meeting 
with her son a boy of about twelve years of age, 
on the 15th of February, 1807, he beat him on 
the head, and on other pars of the body, so fu- 
riously and savagely, that he killed him on the spot. 
The hardened wretch struck the poor sufferer 
with a large piece of wood, made square at one 
end, on the leftside of the face, which he laid open 
in a transverse line, down by the nose, completely 
dividing the lower jaw. It was thought that he 
had previously formed the design of hanging the 
boy, as he had fastened a piece of cord in a situa- 
tion adapted to such a purpose, at the end of a 
1 barn* 



J2 FAULKNER.s 

barn;' No quarrel existed between the parties, and 
no other motive can be assigned for this deed, than 
that befoiementioned, and his own shocking pro- 
pensity to commit murder. It appeared by the 
confession of a poor boy, about seven years old, 
called Drury, that some time ago Faulkner enticed 
him into his mother's yard, by promising to find 
him a bird's nest, where, having tied a piece of 
cerd at both ends, so as for him to swing, he took 
tip the little creature, and, putting his head over 
the cord, left hirn swinging ; but, by some means, 
'in his convulsive struggles, he fell senseless to the 
ground, nor does he know hovy long he lay there, 
Xhis circumstance he durst not confess till 
Faulkner was in custody for the recent murder. 
So shockingly hardened was this villain, that, after 
condemnation, he repeatedly clenched his fist, and 
threatened to murder the clergyman who attended 
' the gaol, or any one who dared to approach him. 
Indeedj he was so ferociou«, that the gaoler found 
it, necessary to chain him, hands and feet, to- his 
dungeon, where he uttered the most horrid oaths 
and imprecations on all that came near hirn $ and 
from the Friday to the Saturday night refused re 
listen to any religious advice or admonition. At 
length, to prevent the termination of his existence 
in this depraved state, an expedient (which, though 
romantic, had the desired effect) was devised, of 
procuring a child, about the size of the one mur-' 
dered, and similar in features and dress, whom two 
clergymen unexpectedly led between them, by the 
hands, into his cell where he lay, sulkily chained 
to the gaxVund; hut on their approach he started, 
and seemed so completely terrified, that he trembled 
every limb, -cold drops of sweat profusely falling 
from him - 3 and eve.% almost oionsentariiy, in su 

a dreadful 



FAULKNER — FENNELL. 7^ 

a* dreadful state of agitation, that he entreated the 
clergyman to continue with him 5 and, from that 
instant, became as contrite and penitent as he had 
been before callous and insensible. Jn this transi- 
tion he remained till his execution, on Monday- 
morning, July 13, 1807, having fully confessed 
his crime, and implored, by fervent prayer, the 
forgiveness of Heaven. 

FENNELL, JOHN, (forgery,) who was 
28 years of age when executed, was horn in the 
county of Kilkenny in Ireland, and brought up a 
lloman Catholic. His father (David Fennell) was 
a carpenter. This young man, according to his 
own account, served his time to Mi\ Paul, a book- 
printer in Water ford, with whom he staid four or 
frsve years. Re then went to Dublin, and after-* 
wards' visited England, and worked as a composi- 
tor in London and Liverpool, about a twelve- 
month} after which he returned to Ireland* where 
he remained one month, and from thence came to 
Bristol 5 but, not being able to get work, he tried 
London again, where he set up as a miniature- 
painter. Afterwards he resided in Bristol, but 
occasionally visited London, with the intention oP 
forming a connection with a person in the medicine 
line, to vend a liquid called the Philanthropic 
Balsam. He also practised the ar* of wood-cutting, 
and took lodgings at No. 17, York- place, West- 
minster, where he made only a fortnight's stay, and 
then went to Liverpool. Here he was taken, on 
the capital charge of having feloniously forged a 
bank-note x fof 5/. and for disposing of the said 
no'te, knowing it to be forged. It appeared on 
his trial (which came on at the Old-Bailey, May 
5, 1802) tbat.Jie had Formed an acquaintance with 
a James Giliingham in 1795? another native of 

vol, iv c fc & H Ireland, 



74 PEN'NEI/t. 

Ireland, who was an upholsterer, and was fornierly 
apprehended as an united Irishman. Fennel] and 
this man, after they had Jeft Bristol, lodged at 
Pleasant-row, Pentonville, and afterwards at No. 
16, Weston street, with two women, Elizabeth 
Evans and Mary Ann Powelh Fennell, it seems, 
understood the art of engraving, though he posi- 
tively denied it. The principal witness to bring 
the fact home to the prisoner was Gillingham, who 
was admitted as an evidence, and who had been 
apprehended for uttering the very note in question. 
This witness, some little time before, took a wo- 
1 man of the town with him from the Theatre to a 
house in Denmark- court, where he-gave the servant 
the note to get a bottle of wine^ and which was 
identified by the woman of the house having put! 
fier name at the back of it, the keeper of the wine- 
vaults having refused to give change for it with- 
out her so doing. It was soon discovered to be a 
• forgery ; and, from sqme circumstances relative to 
the note> the parties were induced to make some 
inquiry in the neighbourhood of ' Pentonville j 
and, while so doingv they chanced to meet with 
Gillingham, who, when taken into custody, agreed 
to make confession of ail he knew, and of all who 
Were concerned. He stated, that, at the instiga- 
tion of him and another man, with whom they 
Were connected, of the name of Power, the prisoner 
engraved a plate for counterfeiting five-pound 
notes, from which the one in the indictment, among 
many others, had been taken. In his cross-exami- 
nation he acknowledged, that he had parsed at 
least five or six hundred counterfeit bank- notes-. 
To support this testimony, Elizabeth fivans, above 
- mentioned, whom the prisoner had brought with 
kim from Bristol* and who acknowledged she had 

cohabited 



FENNELL. 75 

.eohabited with turn for the last twelve months, was 
called, and she repeated the account of Gillingham ; 
that he and Power came to the prisoner, and ad- 
vised him to engrave a five- pound note, and at the 
same time gave him a good note for a copy, and 
a pi'ece of copper j that she afterwards saw him at 
work on this piece of copper, with a five-pound note 
before him : this was at Bath ; but they had since 
been at Pentonville. She had seen him take im- 
pressions from it with a kind of press. In addition 
to this evidence, there was proof of the note being 
a forgery, of the plate being found in the prisoner's 
house, of his having got rid of another plate for 
a two-pound note, and also two letters from him 
to Gillingham after they were in confinement, 
which we here give our readers in their own un* 
grammatical and peculiar form. 

( * My Dear Gillingham, 
" I have seriously considered my situation, and 
laow I stand for mercy at their hands, if I do not 
exert myself in time ; for lying by dormant, and 
saying nothing, would never get me off; therefore 
it i$ the best to take advantage of what little time 
there is left, to persuade them to accept of my 
plan, and so soften them to save my life for trans- 
portation ; for, if I receive sentence of death, they 
cannot save me, as the public clamour would be 
so great against me then. — What you alone have 
said is sufficient to do me put, though I know yoa 
cannot help it on your own account, but be as light 
as possible on me, and as I hope that Pick* Will 
be sent to Canterbury out of the way. I am very 

"- ~~ — r 1 — : ' ' m > ' ' ' ' — ' " ' — 

# i. e. Uichard Power, the accomplice. 

U % much 






^6 , FENNELL. 

much in doubt of my plan being accepted, as there 
vvas a man of the name of Weston su fie red -six 
years ago, who offered another for the same pur- 
pose, but they would not listen to him 5 and by 
their eagerness. at present in prosecuting me, i fear 
they are determined on, my ruin: but they never 
shall know a word about it without 'saving my 
life first. 

" I write you this, that your fears might not 
take the akrm, as you might think I wanted to get 
the inside of you, as an evidence by my sending 
letters out, and thereby you might conceive a dis- 
like to me, and so injure me the more on my triaLj 
but may I never see God if I have the least no- 
tion any longer of such a proceeding, nor had I 
since you done so yourself. If nothing does to saVe 
me, let my death be a curse. on England for ever; 
indeed, it is the only consolation I have, because, 
if England had not stirred up a rebellion in Ireland 
for its own purposes, and so set us all starving, 
we never should think of doing what we have 
done. 

" If I am cast, offer- to transport yourself to save 
me for the same, as I intended to do. so for you, 
because we might get off for America from the 
Bay. If I die, I intend to have a merry death, for 
I will petition the Bank to allow me an Irish piper, 
from the time I receive sentence, to play in my 
cell, and piomise to give them the plan before I 
am turned off, but disappoint them after in giving., 
i ■:. 

" I intend from this out to pester them witlv 
letters, and enlarge on the merits of my plan, and 
tell them what advantage it will be to them, and 
the nation at large (for it really is a capital one), 
as \y it their credit will be firm, Sec. &c. and it is 

impossible 



JFENNBjH,. 77 

Impossible to imitate ft without a speedy detec- 
tion, 

w I must put a great deal of blarney and boast- 
ing in it also, as there is nothing like impudence 
and persuasion in such a desperate case as this, for 
it will 4o more than the interest of the Court with 
jr hem, or the -first man in the land, for instance, 
Governor Wall for that. 

" If they reject my offer, X must change my bat- 
tery with them after sentence, and get friends out 
doors to annoy and frighten them into compliance 
by the transparency, and threaten to spread it like 
wild-fire, over town and country: this, ox some- 
thing like it, saved Lane." 

4( Dear James* 

5* If Betsy hd$ .stagged or\ us, our fate hangs on 
a wire ; therefore, you must only make the best of 
it on the trial to clear up the point about the girl's 
knowing of it. I am sorry you did not tell it ab 
first more clear, and it would have saved vou from 
anxiety of- mind, as well as me : if any thing bad 
should happen to you, I have no chance at all. 

"'If in case that my plan is lejected, and that 
4 I am doomed to de gad* (which God forbid) they 
will, of course, get a letter from abroad about the 
transparency.; of course, you will be questioned 
about it : do you then deny any knowledge of the 
party or parties concerned, but that you believe 
that there are a preat number of" my particular 
friends who know it., which I have told it purposely 
to, in -case anything bad should happen me ; you 
may say there are three or four in Ireland who 
know it, as you heard me several times say so, and 
those are relations of mine (young men) ; say then 
$iaat I have a great number (you believe) of ac* 
H 3 quaintancei.. 



7£ , FENNELL. 

quaintances from different parts of Ireland, for 
that I have been in a great many towns hi my 
rambles through Ireland, and that I have lived in 
Cork, Limerick, Kilkenny; &c\ &c. where it was 
impossible for you to know my acquaintances,- as 
you never were in any of them towns : besides, I 
was twelve months, or more, here before you 
came. 

" This is the way Newell worked on the Secret 
Committee, and so horrified them to proclaim Mai -~ 
tial Law, 

:** If you see the Griffin then anyway thoughtful, 
or thinking what to do, take advantage of it, and 
say you often heard me talk of a plan I had in 
view to prevent forgeries, but. that I said I was 
afraid of their having some knowledge of me, 
•which prevented my ever offering it $ pretend to be 
innocent of my having any discourse with you in 
|he prison. 

*« If all this does not do, and. that you don't stand 
xny fiiend so far, the Lord have mercy on my soul I 
I communicate my last thoughts to you on this 
paper, having a confidence in you, that you won't 
betray my intentions, even if it was to save your 
life, which it would not if you were ca^t. 

*« I would have <wrote>xo them about the plan 
before, only I knew when you would hear it, you 
anight suspect it was about other business, there- 
fore I thought better to defer it till I communi- 
cated my thoughts jto you on the subject, to 
make your mind easy 3 however, if you have any 
doubts still on your mind, tell me candidly of it 
to day. 

* c By writing to them in time, they may take 
my letter into consideration, and it might hinder 
$hem from looking for evidence to swear Rgamst 

mej 



lENNELI.. ?$ 

me ? as I have put off so little — and they might 
overlook the printing them, &e. as Dick would 
be a sufficient meal for them to satiate their 
vengeance on, and they might say the rest were 
fled* 

66 In case I die, and that you survive, petition 
to have me buried in Pancrass, Vomers Town ; 
but' I cannot tell, in ease of forgery, whether my 
friends or the b-— — y doctors can have my body s 
I would like my friends to have it of course, and 
to be buried six feet deep. 

" I believe Lymbery is in custody since the day 
he went to Pentonville, as he would have gone to 
tell Dick of what happened : it is natural to think 
so, as being an acquaintance, same as Miller j be- 
sides they might have doubt of youi information, 
\yhich would make them keep him. It was lucky, 
however ; for had Dick heard of our being in cus- 
tody, he would have come forward without asking, 
or running away, which you may judge from his 
letter, and so swear every thing plump, as to leave 
no hopes for either of us. 

" Lymbery gave me to understand that he heard 
some broad hints of the cran* from Lauglin, &c, 
&c. so I told him about it, for the purpose of 
bringing me news; but he never got one, as I 
knew he had never the courage to do it. 

c< I will write to Carolan f to day \ watch for 
bim at the window at one the next day, and at 



* i. e. forged notes. 

t Hereby was meant an apothecary., from whom; 
they purchased a medicine of which he was a -pro- 
prietor, and for which he'was paid vmh forged potest 

• • three 



8Q JT EM NULL. 

three o'clock also ; if he puts up both bis hapds in 
the air, it is a token that he got two letters from 
me, and one for Betsy. And if he points to Pen- 
tonvitte with his hand, it is a token that she got 
it safe.— If he is determined to stand my friend he 
will put his hand on his breast. If there is a shark 
in the house, he will take off his hat.'* 

The prisoner endeavoured to prove these letters 
a forgery; but bis offence being clearly proved, 
the jury found him— Guilty. On the morning of 
execution he was dressed in mourning. He suf- 
fered with Henry Cock, (whom see) and Edward 
Hartwright, who was convicted of uttering a flve^ 
pound note of the Woodbridge Bank. This man, 
had, on the nth of February, 1S02, gone to the 
shop of a Mr. Rogers, where he purchased a pic- 
ture, and other articles, to the amount of three 
guineas, for which he offered the five- pound note 
in payment. The shopman refused to take the 
note without the prisoner's name and place of 
abode. To this the prisoner consented, and gave 
the name of Thomas Wilson, residing in Norton- 
street, Pentonville Chapel. The note was soon 
discovered to be bad, and on application being 
made to the place to which the prisoner had given 
the address, it was found that no such street, as 
the one named, existed in that quarter, and, conse- 
quently that Thomas Wilson was an ideal charac- 
ter. An inquiry was set on foot, and sometime 
after the prisoner was apprehended at his lodgings 
in Aldersgate-street. There were, besides, found 
in his possession, a great "number of notes of the 
same kind, not filled up : and what completed the 
chain of evidence against him was, the identical 
picture purchased in Mr. Rogeis's shop. The 
case, indeed, was clear beyond the shadow of a 

• • ' doubt. 



FENNELL— FINAL Y. SI 

doubt. The prisoner had made no defence ; and sel- 
dom any one in his circumstances was ever seen 
apparently so indifferent. The same degree of in- 
difference was manifest at ihe place of execution, 
when he was dressed in a blue coat and pantaloons 
of the same colour. Fenneli was attended by a 
Catholic priest. These unfortunate men were 
turned off exactly at eight o'clock, June 23, 
1802, after remaining upon the scaffold not more 
tkan five minutes. The crowd was very great. 

FINLAY, FRANCIS, (forgery,) was a na- 
tive of Boston, in Lincolnshire, where his father, 
bejng a man of credit and easy fortune, was ena^ 
bled to gratify the strong ambition which he felt tp 
give his son a polite and liberal education. Mr. 
Finlay, who possessed the most gentlemanly ap- 
pearance and address, passed through the rudi- 
ments of his education with eclat, and executed 
"the tasks assigned him by his masters with a promp- 
titude and accuracy that seemed to justify the most 
sanguine expectations of his delighted parents and 
friends. At a very early age he betrayed a strong 
attachment to a military life. The father, though 
with the greatest reluctance, at last was persuaded 
to indulge the ruling passion of his son, and ac* 
cordingly, at the commencement of the last war, 
procured him an ensign's commission in amarching 
regiment. This regiment was soon after ordered 
abroad, where his bravery and good conduct 
f ained him the esteem and affection of his compa- 
nions, and caused him to be promoted to the rank 
of lieutenant. When his regiment returned to 
England, Mr. Finlay was ordered upon. the recruit- 
ing service ; and from this period may be dated 
the commencement of that career of vice which at 
kst rendered him amenable to the laws of his coun- 
try 



S3 F1NIAY. 

try. Idleness, that rock upon which so many have 
been wrecked, called forth his latent propensities 
with irresistible violence. Possessing an uncom- 
mon flow or animal spirits, he was extremely alive 
to the pleasuies of society $ and, having contracted 
an intimacy with several persons of a dissipated 
turn of mind, \ entered into all their excesses with 
eagerness. It may be easily imagined that his lieu- 
tenant's pay was very inadequate to support a life 
of excess and libertinism. But the force of habit 
became unconquerable : his commission was dis- 
posed of to recruit his finances, and to enable him 
a little longer to indulge a violent propensity to 
gaming, which be had contracted in the society of 
his fellow libertines. This could not hold out long, 
and he was at last hurried to the adoption of the 
most unjustifiable and desperate measures to main- 
tain his credit with his associates. About this pe* 
riod he married the daughter of a respectable shop- 
keeper 5 but his wife's fortune was inconsiderable, 
and was, therefore, soon dissipated in his favourite 
pursuits. Deprived of every honest resource of 
of supplying his ruined finances, he was, at length, 
in a moment of desperation, driven to the commis- 
sion of forgery 5 for which he was apprehended 
and brought to trial at the Old Bailey, December 
3, 1802, before Lord Alvanley. He was indicted 
tor feloniously forging and uttering tire same, 
knowing it to be forged, a certain paper, purport* 
ing to be a bill of exchange, drawn by Capt. W*. 
Foote, of 'the royal navy, on James Sykes, navy 
agent, of Arundel-street, and accepted by him.-— 
This case was very short : it appeared that the 
prisoner went to a Mr. Earnshaw, a watch-maker 
in High Holborn, on the 26th of September, and 
bespoke a gold time- piece, which was tQ be got 

ready 



FIN LAY. B3 

ready for him in tfie course of a week, and for 
which he agreed to pay sixty-five guineas : accord-, 
ingly, on the 16th of October, he called a.gaj&, 
when the time-piece being ready, it was delivered 
to him, and he paid for it with two bills, one of 
which was that laid in the indictment. Soon after 
Mr. Earnshaw sent the bill to Mr. Sykes, when it 
was instantly discovered to be a forgery. The 
next day, (which was on the 17th of October,) the 
prisoner offered the time-piece as a pledge to a 
pawnbroker, William Burkitt, who seeming to 
doubt its value, the prisoner produced Earnshaw's 
.receipt j and in consequence of Burkitt intimating 
that he would advance the money, if upon enquiry 
he found it to be of that value, the prisoner agreed 
to call again in an hour. Buikitt sent to Earn- 
shaw's in the mean time 5 consequently the forgery 
was detected, and the prisoner on his return was 
taken into custody. — The prisoner, in his defence, 
set up the plea of insanity, and called one witness* 
the Chevalier Ruspini, who gave him a good cha- 
racter. There being no evidence in support of a 
deranged mind, the jury pronounced him guilty j 
but on account of his excellent character and me- 
ritorious services, recommended him to the mercy 
of the sovereign: there were, however, fourteen 
other similar- indictments against him. — Finlay's 
demeanor, during his trial, was not marked with 
that impudent levity which distinguish fhe Bond- 
street bucks, nor tinctured with that despondency 
to which weak minds are generally subject in suck 
a situation ; it was a demeanor of modest dignity, 
which bespoke a consciousness of his crime, with-« 
out any appearance of being appalled at the fate 
to which he was to be consigned by the violated 
laws of his country 4 When his sentence was pro- 
2 nouncttS* 



S4 1? IN LAY. 

nouncecl, be listened with a degree of calm resigna- 
tion, and the air of a man who was prepared to suf- 
fer deserved punishment for a crime of which he was 
conscious to himself he was guilty — — This unhappy 
man was only 37 years of age, and was not only 
a husband but a father. After his death-warrant 
was signed by his Majesty, the little time that inter- 
vened between that and his execution was employed 
in a manner the most exemplary, in preparing for 
that awful and ignominious crisis when he should 
be separated from every thing that was dear to him 
on this side eternity. He never attempted to pal- 
liate his crime, but displayed the' deepest contrition 
for his guilt, and the most penitent resignation. 
He was attended almost constantly by the Rev. Mr. 
Crowther, rector of Christ Chuich, Newgate-street, 
and, in the absence of that gentleman, by one of 
his fellow-prisoners, of the name of John Manly, 
who humanely administered all the consolation his 
unfortunate situation admitted of, read tb him, and 
joined him in prayer. A gentleman, who did not 
disdain to be considered as the friend of the unfor- 
tunate man, visited him daily, and assisted him with 
jnoney, and other necessaries. — On the morning 
previous to his execution, he was visited by his 
wife and child in pTiscn, along with the gentleman 
to whom we have just now alluded, and the pri- 
soner Manly. The scene that passed may be more 
easily imagined than described. The reader may 
picture to himself the anguish of a wife and mother, 
who had been nurtured in all that delicacy and ten- 
derness that give double acuteness to the feelings, 
upon the eve of losing a beloved husband, by the 
hands' of the common executioner. She was thm 
about the age of thirty-two, a woman of the most 
elegant manners., and handsome form. The child 

was 



JPINLAY. 83 

was about eight months old. The sensations of 
the unfortunate criminal were of the most agonizing- 
sort, when he reflected upon that infatuated course 
of life, which had not only brought himself to an 
ignominious end, but had also. hi\ his beloved 
wife exposed to all the horrors of poverty and dis- 
grace. .Upon a promise from the gentleman befoie 
mentioned to protect his wife and child, and screen 
them from the miseries of want, and the sneers of 
an upitying world, he became more composed. 
She lingered with him till four o'clock, when it be- 
came absolutely necessary to separate. Unable to 
bear the emotions of agony by which she was 
agitated, she fainted in her husband's arms, an& 
was carried by two men to a hackney-coach, in a 
state of insensibility. Even the turnkeys, M albeit 
unused to the melting mood," did not bthold this 
scene unmoved. — For a few minutes after his wife's 
departure, this -unfortunate man seemed to be 
agitated, but af the same time resigned. He 
walked about his cell with hurried steps, clinching 
his hands, turned his eyes towards heaven ^ and at- 
test, overcome by his feelings, exclaimed, " She is' 
gone, and I shall never see her more on earth I-'* 
But soon recovering his composure, 4< I arn 
now happy," he said, " and prepared to die 5 
my friends cannot look coolly upon her 5 
alas! she will have no friends but them."— The >■ 
Rev. Mr. Crowther, as usual, passed a few hours 
with him' in earnest supplication to the Divine 
Mercy for the pardon of his sins, and particularly 
the crime t ipx which he was to suffer. — On the 
morning of his execution, February 9, 1803, he 
seemed to look forward- to his fate*. not only with 
resignation, but satis/action. He dressed witlrthe 
s*me neatness and attention to cleanliness as usual. 

1 < He 



iiS FISHER, 

He ate his breakfast with the utmost coYnposure,' 
at five o'clock, in the morning, with his faithful 
friend Manly. About six o'clock Mr. Crowtfeer 
appeared, who passed an hour with him in fervent 
devotion. At seven o'clock he took the sacrament, 
and his irons being knocked off, the sheriff came, 
to whom he was delivered by the keeper of the 
prison. At half-past eight o'clock he mounted 
the scaffold, with his hat and gloves on. He 
wore his hair cropped, half- boots, grey stockings, 
web pantaloons, brown coat and waistcoat, witk 
an outside coat of the same colour. He appeared 
calm and collected, and spoke for about a minut* 
to the clergyman. The executioner then stepping 
forward, took off his hat, unloosed his neck-hand- 
kerchief, and fastened the fatal noose. The cap 
bting pulled over his eyes, after he had remained 
about rive minutes on the scaffold, he was launched 
into eternity. No man ever behaved with more 
resignation and manly fortitude in such a situa- 
tion. He seemed to be in agony for the space of 
three minutes after he was turned off, during 
which time he held a white pocket ■ handkeichier 'in 
his hand, but afterwards dropped it. The body 
was cut down alter it had hung the usual time, 
and carried to Newgate Prison. At one o'clock a 
hearse attended to convey it away j hut, upon be- 
ing inspected by the sheriffs, it was found to be 
still warm, though it had been cut down three 
hours before. The sheriffs thought it their duty 
to keep it for some time longer, on account of this 
extraordinary circumstance, and ordered that it 
should be called for at four o'clock, whidt was ac- 
cordingly done. The people did not assemble 
hi such multitudes as is usual on similar occasions. 
JFISHER, WILLIAM, See Fordham, J. 

FQRDHAMt, 



FORD HAM. Kt 

FORDHAM, JOHN, (burglary,) one of a 
formidable gang, composed of all bargemen, viz. 
John Hervey, Richard Hartford, William Bridge, 
£n*>cfo* Roberts, and William Verdon, ail desperate 
ill looking fellows, who became notorious for their 
depredations. Happily their career wa< cut short, 
four of them (John Fordham, aged 26, John Har- 
vey, aged 28, Richard Hartford, aged 21, and 
William Bridge, aged 25,) having been capitally 
indicted at the Old Bailey for burglariously and 
&>rcibly entering the dwelling-house of John Spen- 
cer at Ponders End in the night-time, December 
i8» 1806. — Enoch Roberts was admitted king's 
evidence, and William Vardon escaped detection. 
This trial, which lasted above nine hours, came on 
before Mr. Justice Lawrence, January 14,1807, 
daring which, a circumstance occurred of most 
unparalleled atrocity, which at ossce marked the 
depraved character of these wretches. — One of the 
fxrisoners (Hartford)* though in the awful predica- 
ment of trial for his life, and in the solemn pre- 
sence of a court that contemplated with pity and, 
solicitude his precarious situation, yet appeared so 
influenced by the propensities of his calling, that 
Be actually picked a handkerchief from the pocket 
©f the turnkey, who always attends in the dock, to 
minister for the convenience and accommodation 
of the prisoners on trial ; and it was not without 
some difficulty that Mr. Newman, the head jailor, 
who detected the theft, could induce him to restore 
the handkerchief. At last he took it from his 
pocket with the most careless indifference : the 
court were horror-struck ! The circumstances at- 
tending this burglary, as stated in evidence, were 
as follow 3 At nearly eight o'clock, on the night 
etatsd in the indictment, a smart knocking was 
I % heard 



3$ FORDHAM. 

heard at, the front door of Mr. Spencer's home* 
He is a farmer, resilient at Ponder's End, in En- 
field parish. The door was immediately opened by 
Sarah Taylor, when two men rushed in with their 
laces masked or disguised with black; she could 
not swear more positively to any of the prisoners, 
than that the person who rushed upon her first, 
and put a pistol to her head, was a tall stout man, 
answering the appearance of Fordham. There 
was another man immediately at his back, of whom 
she had no distinct view. Her young master, Mr. 
James Spencer, ran from the kitchen to her assist- 
ance. The man immediately turned the pistol 
from her face to his, and threatened to blow out 
his brains. She took this opportunity of getting 
into the back-parlour escaping out of the window, 
over the palings, and running to a ^neighbouring 
alehouse to give the alarm. In the mean time* 
the man with the pistol demanded young Mr. 
Spencer's watch and money. Mr. Spencer saidi 
be wore no watch, but requested he might not be 
ill treated, and he would give all the money be 
had, which was only a shilling and sixpence. The 
robber, dissatisfied with this,, said, he would blow 
his brains out if he did not give him more. Mr- 
Spencer now discovered, that others had got into 
the house j some of them had got into the kitchen. 
where his father was, and some in the parlour 
where his mother was. They forced him and his 
mother into the kitchen : they demanded of the 
father to give up his money, with menaces of de- 
struction. He begged for mercy, and gave them 
the keys of his bureau, where all his money was. 
Instead of going to. the bureau, the first man who 
came in, and who seemed in person very like Ford- 
ham, sent the other three up stairs to plunder, 

while 



FORDH4M. 8$ 

while he himself remained at the kitcihen-door, 
sentinel over the family, with a pistol in his hand, 
sometimes in the door-way, and sometimes in the 
kitchen, threatening to shoot the first person that 
stirred. Those who were up stairs sent down for 
two keys of some particular drawers, which old Mr. 
Spencer requested his wife to give j and while she 
was so doing, young Spencer took courage, rushed 
against the sentinel, struck him in the face, and 
passed him onwards, and out at the front -door, 
the robber running after, and snapping his pistol 
at him, Mr. Spencer was stopped outside the 
door by one of the neighbours, who had been 
alarmed, and took him for one of the robbers en- 
deavouring to escape. In the mean time, the old 
man' rushed upon the robber who came for the 
keys, got him down, and ran towards the front- 
door, in the hope of escaping; but found it jam- 
med up by three of the gang, who would not let 
$iim pass, but threatened to shoot him. The two 
who were above took the alarm, and ran down 
stairs with what booty they had got, which con- 
sisted of a great-coat, a watch, and a purse with 
some little money belonging to the maid-servant, 
and the whole made their escape, leaving behind 
them an iron hand- crow, such as housebreakers 
use, and an old hat with an oilskin covering. The 
younger Mr. Spencer was robbed of his hat, 
which was knocked off in the scuffle. William 
Ives, a barge-owner, who was at the next alehouse, 
on receiving the alarm, came to give aid, and be 
seized the robber who was pursuing young Spen- 
cer with the pistol ; but finding that pistol turned 
against his own bead, and no person near to assist 
him, he was obliged to let the man go : he could 
not swear to him, but said his person was very like 
i 3 .-. that 



90, T0IIDHAM. * ' 

that of Fordham. In fact, none of the witnesses 
hitherto examined could swear positively to any of 
the prisoners, except Bridge, whom young Spencer 
and his mother both identified *. he was a remark- 
able man, had been a sailor, wore a blue jacket 
and trowsers, had red whiskers (now shaven,) and 
only one hand.-— Information of the robbery was 
given next morning at Hatton-^arden Office ; and 
two of the police-officers, Trott and Chapman, in 
Consequence of some intimation received by the 
former, proceeded to the Blue Boar m Whitecha- 
pel, where they found Hartford, one of the gang, 
in company with Bridge 5 from thence to a coolers- 
shop, in Hackney-road, where they found Harvey, 
who at first denied his name j he had a black eye, 
and his face tied up. On searchinghis room there, 
they found a bag, in which was a white card -paper 
mask, a dark greatcoat, damp, and much spat- 
tered with country mud. From thence they pro- 
ceeded to Ford-ham's lodgings, near Bethnal Green, 
where Trott found him on the bed with his coat 
and shoes off. They told him their business, and 
on searching his coat-pocket found a pocket-pistol ; 
and in a bag in the room they found a dark great- 
coat, very damp, and much daubed with country 
mud ; also a pair of bullet- moulds, a key for un- 
screwing the pocket-pistol, and the cloth pistol-case. 
They hand-cuffed him, and, on coming to the 
stairs with him, he suddenly flung himself down 
two flights, and endeavoured to escape, but was 
secured Roberts, an approver in this case, they 
saw accidentally in Whitechapel : he attempted to 
escape round a coach from them, and flung ftofti 
him a pocket book, which they picked up, ai\jd 
found in it some duplicates of articles pawned, 
which proved to be part of the property taken from 

Mr. 



FORDHAM. 91 

Mr. Spencer's ; and, in his breeches-pocket, they 
found a pocket-pistol, which, with its cloth case, 
found in his coat-pocket, precisely matched the 
pistol and case found upon Fordham. Upon Bridge 
they found some duplicates for more of the articles 
plundered, and also the identical hat of which 
young Spencer was robbed. They were all taken 
before the magistrates. Roberts proposed to tarn 
Icing's evidence ngainst his accomplices, and save 
his own life j and he was the last witness now 
examined for tht prosecunon. He swore there were 
in all six of the gang ; namely, himself, the four 
prisoners, and another named William Vardon,. not 
taken. Four of them Het on the afternoon of the 
1 8th of .December, at the Catharine Wheel, near 
Whitechapel, and concerted the robbery of Mr, 
Spencer. One of them, Bridge, was a stranger to 
him ; and Fordham and Harvey, who lived near 
Mr. Spencer's, first suggested the robbery, saying, 
he had a great deal of money 3 and were to meet 
them at the place, which they did. It was agreed, 
that Forciham should knock at the door, and when 
it was opened, he and the other -prisoners were to 
rush on, while Harvey and Roberts were to remain 
as centinels on the outside, and give the alarm if 
any people approached. When the scuffle began, 
and the neighbourhood was alarmed, they both ran 
away supposing the rest were following them* This '• 
witness sustained a long cross-examination from 
Mr. Alley and Mr. Knapp. He said he had the 
pistol that was found upon him from Fordham, tp 
whom he paid for it twelve shillings and sixpences 
being half wha* Fordham said the pair had cost 
bim. The prisoners, Fordham, Harvey and Hart- 
ford, deniecT, in the m'ost solemn manner, all con- 
cern in the fact, as did .Bridge at first; but he 

afterwards. 



P2 yORDHAM. 

afterwards said that lie was seduced by Roberts t© 
go on the party along with two other men, not yet 
taken ; but that none of the other prisoners were at 
all present. Harvey was the only prisoner wh© 
called any witness, and he produced a sawyer, wb& 
was his uncle, with his aunt, and some others of the 
family, to prove an alibi on the day : they all swore 
he was at his uncle's house, or in his company, the 
whole day of the robbery, from eleven in the 
morning to the same hour at night, and underwent 
a very acute cross examination by Mr. Gurney. It 
appeared, however, their testimony 'for the prisoner 
met no credit. Mr. Justice Lawrence summed up 
the evidence with great perspicuity, and the jury 
found all the prisoners — Guilty. Two of these 
house-breakeis, (John Ford ham and John HarveyJ 
were, on the following day, January 15, again tried 
on a similar charge or burglary and robbery in -the 
house of Mr. Thomas Whitbread, barge-master* 
near Stamford- hill, in the Parish of Tottenham, 
on the 15th of December (only three days previous 
to the robbery for which they before stood con- 
victed). *. Mrs. Sarah Whitbread, the wife o£ 

* It may seem strange to some thai these men, when 
found guilty on one indictment, which subjected theni 
to the punishment of death, should be also tried on an* 
other ; but as the first conviction was principally owing 
to the testimony of an accomplice, and as the case was 
marked by much atrocity, the court was desirous that 
the depravity of the prisoners should be rendered more 
apparent, and the result of their conviction strictly 
conformable to the most rigid notions of justice. It is 
the merciful and uniform practice of our government, 
tiever to hang a man upon the testimony ol an accom- 
plice, unless lie be twice capitally convicted. 

Mr* 



FORBHAM, 93 

W,t. Thomas Whitbread, stated, thai on the night 
of the 15th, a little before seven o'clock, she heard 
a rsp at the front door. The servant boy asked 
who was there, and was answered—- M One who 
wants Mr. Whitbread upon business."" Mrs. 
Whitbread asked his nime, and was answered, 
€i Brown/' She desired the boy to open the door, 
snd immediately two men rushed in : the one a tali 
stout man, much like Fordham in size: his face 
was either smeared black, or disguised with a black 
covering; and he wore a dark- brown rough coat. 
The other man was not so tall, apparently the size 
of the other prisoner, Harvey 5 had on a light- 
coloured great- coat, with a white mask on his face : 
he presented a blunderbuss to her head/ without 
speaking ; and the other prisoner, in a gruff voice, 
said, « 4 Your money or your life." She had no 
money about her, but gave the key of the scru- 
toire, where her husband's money was kept, and 
al>o the key of the drawers under a dressing-glass 
In her bed room, from which they took two 10I, 
Botes, and thirty guineas in gold. They also broke 
open some other drawers, which they plundered of 
wearing apparel. A third person came into the 
liouse with them, and a fourth stood outside at the 
door. The tall man had in his hand a stick, like a 
hedge-stake, which they left behind. They asked 
her for her plate ; but she said there was none ; 
and with this answer they seemed satisfied, and 
went off without searching. Newman, the servant, 
£ lad of fifteen, was the person who opened the 
door, and he corroborated the testimony or his 
mistress. He had for a long time known Harvey^ 
as a bargeman, and for years frequently saw him 
pass by his master's house with his barge, upon the 
river Lea. He d\d not hear the person in, the 



94 FORDHAM. 

white mask speak that night, and could not swear 
positively to either of the prisoners, as the faces of 
the robbers were all disguised. Trott, the police- 
officer, who, with his brother-officer Chapman, 
liad apprehended both the prisoners, repeated his 
evidence on the preceding trial, and produced a 
great-coat, and some other articles, found in their 
possession, which were identified as part of the pro- 
perty lost by Mr. Whitbread, together with a 
white mask found with Harvey ; and Enoch Ro* 
berts, the approver, (who, at the desire of the jury* 
was sent out of Court during the trial), now came 
forward and proved that he met the two prisoners, 
together with Vardon, not yet taken, at the Ca- 
therine Wheel, Whitchapel, in the afternoon of 
December 15, and they all concerted to go out and 
rob Mr. Whitbread's house, on the representation 
of Harvey, who said he was a barge-owner, and 
that he well knew him to be long in the habit of 
saving money. When they came near the house, 
Harvey first blackened his face, and then put on a 
white mask; the other two disguisecj their faces* 
It was agreed that Fordham should knock at the 
door, and when opened that three should rush in, 
while the witness stood sentinel at the outside of 
the door, to give them the alarm, until the robberjr 
was over. This was the evidence against the pri] 
soneis, who employed no counsel, and made no 
defence. The Lord Chief Baron summed up the 
evidence, and the jury found them — Guilty. Ford- 
ham, Harvey, Hartford, and Bridge, weieexecured 
at the Old Bailey, pursuant to their sentence, May 
20, 1807, together with William Freeman, aged 
?,8, who was convicted of forging and publishing, 
as true, a certain order for 120/. dated January 31, 

480.7, 



FORBH AM- FOSTER. 9$ 

1&07, payable to John White, or bearer, purport- 
ing to be signed by H. Dyson, with interest^ to 
defraud Messrs. Prevost and Co. bankers 5 and 
William Fisher, aged 23, who was convicted of 
littering, knowing it to be forged, an order for 
40V. purporting to be a draft of J. and W. 
Xowndes, payble to bearer with interest, to defraud 
Messrs. Hammersley and Co. These, six malefac- 
tors behaved with becoming fortitude, and paid 
^great attention to the ordinary (the Rev. Dr. 
Foid). Fordham and Harvey strongly protested 
their innocence : the remainder acknowledged the 
justness of their sentence : they all seemed perfectly 
resigned to their fate ; and, after a few minutes 
spent in prayer, were launched into eternity. 

FOSTER, GEORGE, (murderer,) who, 
contrary to the character he bore of humanity and 
mildness, evinced a most malicious and barbarous 
ciisposition, having, merely from an avowed dis- 
gust, determined on the destruction of his wife and 
In accomplishing this wicked act, devoted also his 
infant daughter to the same fate, by drowning 
them both in the Paddington canal, Dec. 5, 1802. 
^His trial came on at the Old Bailey, January 14, 
,1803, before the Lord Chief Baron Sir Archibald 
Macdonald. The prisoner (who was a decent 
looking young man, dressed in a brown great coat, 
buttoned over a red waistcoatj denied the murder. 
As his conviction therefore depended entirely upon 
circumstances , we shall give a detail of the evidence 
which was brought forward on the triafc Jane 
Hobart, mother of the deceased, stated, that she 
lived in Old Boswell- court, and that for some time 
back the deceased and her infant lived with her, 
but that she generally went on the Saturday nights 
to stay with the prisoner, who was her husband j 

that 



$® . FOSTER. 

that she left the witness for that purpose a llttte 
before four o'clock, on the evening of Saturday the 
4th of December, taking her infant child with her j 
and that she never heard of her from that time iin* 
til she was found drowned 'm the Paddington canal*: 
The prisoner had four children by her daughter— due 
one. above alluded to, another was dead, and tw© 
were in the workhouse at Barnet. Joseph Brad- 
field, (at whose house the prisoner lodged, Sia NontSi- 
row, Grovesnor square,) said he, saw the decea'scd' 
with him on the Saturday night of the 5th of De- 
cember, and they went out together about tea 
o'clock on the Sunday morning* The prisoner re* 
turned by himself between eight and, nine o^db-ek 
at night, which did not, appear. fema.rkabJe 9 as the 
deceased was not in the habit ot sleeping there, ex- 
cept on the Saturday nights. This witness did not 
consider them to be on very good terms, arising, 
as he believed, from the deceased's wishing to lire 
with the prisoner : she used to call at his iodg&rcgs 
once or twice in the week, besides the Saturdays, 
on which nights she always waited to get some mo-* 
ney from him. On the Sunday following, the 
prisoner and another person went with the witness 
to see his mother at Highgate, and on their return 
the prisoner asked if his wife had been at his lodg- 
ings 5 but which, on his cross examination, he ad- 
mitted might arise from hi< being surprised at her 
not coming as usual. Margaret Brad Held, wife of 
the preceding witness, corroborated his testimony, 
with the addition, that on the Wednesday she saw 
the child which had been found in the Paddington 
canal, and whichshe was positive was the same lhat 
the deceased had taken out with her on the Sunday 
morning. Eleanor Winter (who kept what was 
jbrmerly called the Spotted Dog? but now the Well- 
4. bt-urne 



FOSTER. ()7 

bdurne Green Tavern, between two and three miles 
from Paddingron, along the canal) swore, that she 
perfectly recollected the prisoner's coming to her 
house on the morning of the 5th of December, with 
a woman and a child with him ; they staid at her 
house, where they had some beef-steaks, beer, and 
two glasses of brandy till near one o'clock. While 
they were there, she observed the woman to be cry- 
ing, and he^ard her say, she had been three times 
there to meet a man who owed her husband some 
money, and that she would come no more. This wit- 
ness had seen the body of the woman that was found 
in the canal, and she was certain of its being the 
same woman who was with the prisoner at her house 
on the above morning. John Goff (waiter at the 
Mitre Tavern, about two miles further on the ca- 
nal) said, that the prisoner, with a woman and 
chiki, came to their house some time about two 
o'clock on Sunday the 5th of December : they had 
two quarterns of rum, two pints of porter, and 
went away about half-past four. The Mitre is si- 
tuated on the opposite side of the canal to the tow- 
ing path 5 and when the prisoner and the woman 
went away, they turned towards London on that 
side of the canal, though there was no pathway, 
and ;f would take them at least a quarter of an 
hour to get to the first swing bridge to cross oyer 5 
there was a way to pass through a Mr FillinghanVs 
grounds, which would lead them to the Harrow - 
road, and which he believed to be much nearer 
than the side of the canal : but then persons going 
that way went over the hedge, and he perceived, 
from the kitchen window where he w T as standing, 
the prisoner and the woman go beyond that spot. 
They had no clock in the house, but he had no 
dembt as to the time, from its being VQ^y near dark 
K when 



98 yosrait. 

when they went away. On being questioned by- 
one of the jury, he said, that besides the place to 
which he alluded for passing through Mr. Filling- 
ham's ground, there was a gate about one hundred 
yards further on, and to which the prisoner and 
woman had not got over when he lost sight of them. 
Hannah Patience, the landlady of the Mitre Ta- 
vern, recollected seeing the prisoner there on Sun- 
day, December 5, with a woman and a child : they 
had been there a good while before she saw them* 
She served them with a quartern of rum, and they 
had a pint of beer after it. They left the Mitre 
about half-past four, as far as she could judge from 
the closing of the evening, for they had no clock. 
She also recollected Sarah Daniels coming to buy a 
candle to take to her master : they were then gone, 
and as they were going out, the woman threw her 
gown over the child, saying, " this is the last time 
I shall come here/' In a minute or two the pri- 
soner came back to look for the child's shoe, which 
could not be found, and then followed the woman. 
This witness took no particular notice of them, but 
thought she had seen them at her house two or 
three times before. Sarah Daniels, aged nine years, 
was examined by the court as to her knowledge of 
the sanctity and solemnity of an oath, and being 
satisfied with her answers, she was sworn, and said, 
that she met a man following a woman with a 
child walking by the canal, as she was goimg-from 
Mr, Pillingham's to the Mitre; and from the cir- 
cumstance of its being near their time of drinking 
tea, she was sure that it could not want much of 
five o'clock. Charles Weild, a shopmate of the 
prisoner, stated, that he met him a little after six 
o'clock, in Oxford-street, on the evening of Sunday 
the 5th oi' December, and that they went together 

to 



FOSTER. 99 

to the Horse Grenadier public-house, where they 
continued till after eight. John -Atkins, a boat- 
man employed on the canal, said, about eight 
o'clock, on the morning of Monday, he found a 
child's body under the bow of the boat, at the dis- 
tance of a mile from the Mitre j that in conse- 
quence of some directions which he received from 
Sir Richard Ford, he dragged the canal for three 
days, on the last of which, close under the window 
of the Mitre, he pulled up the woman's body, en~ 
tangled in a loose bush. He had before then felt 
something heavy against the drag at near 200 yards 
towards London from the house, but he could not 
ascertain whether that was the body or not. Sir 
Richard Ford now produced the examination which 
the prisoner signed at Bow-street office, after being 
questioned as to its being the truth, and cautioned 
as to the consequences it might produce* The ac- 
count, which the prisoner then gave, was as fol- 
lows : — cc My wife and child came to me on Satur- 
day se'nnight, abbot eight o'clock in the evening, 
and slept at my lodgings that night. The next 
morning, about nine or ten o'clock, I went out 
with them, and walked to the New Cut, at Pad- 
dington: we went to the Mitre tavern, and had 
some rum, some porter, and some bread and cheese. 
Before that we had stopped at a public-house near 
the first bridge, where we had some beef-steaks 
and some porter ; after which she desired me to walk 
furthei on by the cut ; so I went with her. I 
left her directly I came out of the Mitre tavern, 
which was about three o'clock, and made the best 
p{ my way to Whetstone, in order to get to Barnet, 
to see two of my children, who are in the work- 
house there. I went by the bye lanes, and was 
£bbut an hour and a half walking from the "Mitts 



100, xOSTEXt. 

to Wketstone. Whew 1* got there, I found it so 
dark that I would not go on to Barnet, but came 
home that night. I have not seen my wife or child 
since 5 I have not inquired after them, but I meant 
to have done so to-morrow evening, at Mrs. IIq- 
bart's. I came home from Whetstone that eve- 
ning between seven and eight o'clock ; I saw no 
person in going to Whetstone, nor did I stop any 
where, at any public-house, or else where, except 
the Green Dragon at Highgate, <wbere I had a glass 
cfrutn" The words in italics were interlined, and 
the latter part added at the prisoner's request. "My 
wife had a black gown on, and a black bonnet; 
the child had a straw bonnet, and white bedgown $ 
my wife was a little in liquor. 

(Signed) "George Foster." 

" Witness Richard Ford, 

27th December, 1802." 

" Prisoner says, before he left the Mitre tavern, 
on the said Sunday, his wife asked the mistress of 
the inn, whether she could have a bed there that 
night, which the prisoner afterwards repeated 5 that 
she asked half- a- crown for one, which the prisoner 
and his wife thought too much, and the latter said 
she would go home to her mother/' 

The latter part of this was positively contradicted 
by the landlady, not a single word about a bed 
having passed between her and the deceased. W. 
Garner, a shopmate of the prisoner, said that he 
(the witness) called upon him at the Brown Bear, 
in Bow-street, after he was taken in custody; to 
whom the prisoner said, he was as innocent of the 
charge as the child unborn; and that if any one 
would come forward to say or swear that he was at 
spch a place on that night, he should be cleared 

immediately. 



2?0STER. 1QJ 

immediately. The witness understood him to re- 
fer to the Green Dragon at Highgate. James 
Bushwell, a coachmaker, declared, that the prison- 
er was one of the most diligent men he had ever 
employed ; and, from his having so very good an 
opinion of him, on hearing he was in custody, he 
went himself to see if he could render him any 
service; that upon his making that orfer, the pri- 
soner replied, that if it was not too much trouble, 
he would thank him to go to the Green Dragon, 
at Highgate, and inquire if a man was not there ori 
the Sunday evening, who had a glass of rum, and 
asked after Mrs. Young ; with which he complied ; 
but, the rules of evidence would not admit of 
Mr. Bushwell's giving the answer, Elizabeth 
Southall, who keeps the Green Dragon, was called, 
arid said she perfectly recollected' such a circum- 
stance/but she could not exactly say what Sunday 
it was ; and, besides, the man who did so inquire 
had a woman with an infant in her arms with him, 
and to whom the man turned round and said, that 
is Bradfield's mother. The prisoner made no other 
defence than contradicting some parts of the evi- 
dence of the waiter at the '-'Mitre. George Hodg- 
son, Esq. coroner of the county, and before whom 
an inquest on these bodies had been taken, said 
there was not the least mark of violence upon either 
the woman or the child j of course, the report of 
the latter's arm being broken was ialse. On ac- 
count of his thorough acquaintance with the place, 
he was examined particularly as to the way through, 
Mr. Fillingham's grounds, and which he affirmed 
to be by far the nearest way to town. He could 
not undertake to say what the actual distance from 
the Mitre to Whetstone was, but he was suie }i 
£©uld Hot be less, even through the lanes and over 



102 FOSTER. 

the fields, than seven or eight miles, and about the 
same distance from Whetstone to town. Four 
witnesses were called to the prisoner's character, 
who all agreed in his being an industrious humans 
man. The Chief Baron, in summing up to the 
jury, said, that this was a case which almost entirely 
depended upon circumstances, but in some cases 
that might be best evidence, as it was certainly the 
most difficult, if not impossible, to fabricate ; they, 
however, would deliberately judge how far they 
brought the charge home to the prisoner, so as not 
to leave a doubt on their minds before they pro? 
nounced him guilty. His lordship noticed some 
inconsistencies in the written paper which the pri- 
soner had signed, observing, that in one part of the 
story the prisoner was contradicted by several wit- 
nesses ; and that it was scarcely to be presumed 
that the prisoner could walk such a distance (from 
the Mitre to Whetstone) in so short a time. There 
were other traits of the story which were also ex- 
tremely dubious. The learned judge then went 
through the whole of the evidence, remarking 
thereon as he proceeded, and the jury, after some 
consultation, pronounced a verdict of— guilty. 
Hereupon the Recorder passed sentence upon the 
prisoner j which was, "that he be hanged by the 
neck next Monday morning until he be dead? and 
that then his body be delivered to be anatomized, 
according to the law in that case made and pro- 
vided." Accordingly this unfortunate man, ap- 
peared on the platform, before the debtor's-door 
in the Old Bailey, at three minutes after eight 
o'clock in the morning of Jan. i8 ? 1803. His air 
was dejected in the extreme, and the sorrow mani- 
fested in his countenance, depicted the inward 
workings of a heart conscious of the heinous crime 

he 



FOSTER. 103 - 

he had committed, and the justness of his sentence. 
From the time of his condemnation to the moment 
of his dissolution, he kad scarcely taken the .smal- 
lest nourishment, which operating with the cor- 
pions in his bosom, had so enfeebled him, that he 
was obliged to be supported from the prison to the 
gallows, being wholly incapable of ascending the 
staircase without assistance. Previous to his de- 
cease, he fully confessed his having perpetrated 
the horrible crime for which he suffered : — con- 
fessed that he had unhappily conceived a most in- - 
veterate hatred for his wife, that nothing could con- 
quer, and determined him to rid himself and the 
world of a being he loathed : — acknowledged also, 
that he had taken her twice before to the Padding- 
ton canal, with the wicked intent of drowning her, 
but that his resolution had then failed him, and she 
had returned unhurt; and even at the awful mo- 
ment of his confession, and the assurance of his ap- 
proaching dissolution, he seemed to regret more the 
loss of his infant, than the destruction of the woman 
he had sworn to cherish and protect. He was 
questioned, as far as decency would permit, if jea- 
lousy had worked him to the horrid act; but he 
made no reply, except saying, that V he ought to 
die 5" and dropped into a settled and fixed melan- 
choly, which accompanied him to his last moments. 
After passing a short time in prayer, with the or- 
dinary of Newgate (Dr. Ford) this unhappy man 
was launched into eternity. He died very easy j 
and, after hanging the usual time, his body was 
cut down, and conveyed to a house not far distant, 
where it was subjected to the Galvanic process, by 
professor Akiini, under the inspection of Mr. 
Keate, Mr. Carpue, and several other professional 
gfatlemen, M, AMini fwho is the nephew of the 

discoverer 



104 FOSTER. 

discoverer of this most interesting science,) showe.<J 
the eminent and superior powers of Galvanism to 
be far beyond any other stimulant in nature. On 
the first application of the process to the face, the 
jaw of the deceased criminal began to quiver, ancj. 
the adjoining muscles were horribly contorted, and 
one eye Was actually opened. In the subsequent 
pait of the process, the right-hand was raised and 
clenched, and the legs and thighs were set in mo- 
tion. Mr. Pass, the beadle of the surgeons' com- 
pany, having been officially present during this ex- 
periment, was so alarmed, that he died soon after 
bis return home of the fright. Some of the unin- 
formed byestanders thought that the wretched man 
was on the eve of being restored to life. This, 
however, was impossible, as several of his friends, 
who were "under the scaffold, had violently pulled 
his legs, in order to put a more speedy termination 
to his sufferings. The experiment, in fact, was of 
a better use and tendency. Its object was to show 
the excitability of the human frame, when this ani- 
mal electricity is duly applied. In cases of drown- 
ing or suffocation, it promises to be of the utmost 
use, by reviving the action of the lungs, and there* 
by rekindling the expiring spark of vitality. In 
eases of apoplexy, or disorders of the head, it offer's 
&lso most encouraging prospects for the benefit of 
mankind. The professor, it is said, has made use 
of Galvanism in several cases of insanity, and with 
complete success. * It is the opinion of the first 
medical men, that this discovery, if rightly managed 
and duly prosecuted, cannot fail to be of great, 
and perhaps, as yet, unforeseen utility. 

FREEMAN, WILLIAM. See Fordham, 
John. * 

pARDNER, 



HANSARD. IQ5 



G 



GARDNER, PETER. See Hook, Samuel, 
GODFREY, ELIZABETH. See Hollo 
way, John. 

GORDON, ALEXANDER, ? See Smith 
GREGORY, PETER*.. £ robart. 



H 

HANFIELD, alias ENFIELD. See Holla- 
way, John. 

HANSARD, PROVIDENCE, ("forgery) 
who adds to the list of those infatuated young 
men, who notwithstanding the numerous examples 
that have been made, have still persisted in a 
crime, which for the preservation of commerce, can 
meet with no lenity 5 he was only 24 years of age when 
he suffered, and had been a clerk in an accompting 
house. He was indicted for forging a certain or- 
der in the name of John Richard Ripley for the 
payment of 741/. with an intent to defraud Robarts 
and Cc. His trial came on before Lord Elienbo- 
rough, April 13, 1804. Marshall Williams, clerk 
in the house of Robarts, Curtis, and Co. proved 
the payment of the check in question. He paid it 
in one bank-note 300/. No. 26 ; another, 300/* 
No. 79 5 another, 100/. No. 6574; another, 20/. 
No. 9921 j another, 20/. No. 1030; and a one- 
pound note, No. 23,465. This witness said, he 
made 'no inquiry who the bearer of the check was, 
nor did he recollect the prisoner. Mr. John Rich* 
ard Ripley, who keeps cash at Messrs. Robarts and 
Q.q, swore^ that the superscription to the draft wae 

n6t 



106" HAKSARB. 

siot his hand-writing. John Hewling, clerk in the 
Bank of England, said that he gave fifteen notes of 
20/. and thirty of 10/. for the two 300/. notes in 
question. The numbers of the 20I. notes, were 
from 2684. to 2698, inclusive : those of the 10/. 
were from 6590 to 6600, eleven of them \ and 885:1 
to 8869, were nineteen more. The person, who 
brought these notes for change, wrote upon them, 
" John Chapman, No. 30, Russel-square." John 
Hawley, of the county of Middlesex, swore, that 
the prisoner came to him three times in the month 
of February: the first time was on the 7th, w(ien 
he called, as he was passing by, to look at a watch f 
which he saw in the window: witness was not then 
at home. The next morning, the prisoner called, 
when he was at home, and exchanged the watch he 
had bought the day before for another. He also 
purchased a seal. On the 9th, he called about 
some coins, that he said he should want. He par- 
ticularly wished to have Portugal pieces} and safcj 
he wanted a considerable quantity : he objected to 
other sorts of coins which were shewn him. The 
witness said, he could procure him some Portugal 
ones; but that it would 'be necessary he should 
leave him some money. This the prisoner said he 
had no objection to, and left him 420/. of bank- 
notes, on all of which the witness put his signature. 
The prisoner never returned for the notes. The 
numbers of these notes corresponded with those 
stated by John Hewling. The seal, which the pri- 
soner bought, was a blank seal. John Strongi- 
tharm, engraver, in Pali-mall, deposed that the 
prisoner came, on the iorh of February, and left a 
seal key, in order to have engraved a cypher (H) 
in a medallion. He called again in the evening for 
ijf, and appeared in a hurry, as he said he -w a* 

g° in § 



HANSARD. . j.07 

going intQ Lincolnshire. It was a black cornelian, 
arid the setting was a gold seal with a white corne- 
lian. He paid for it, and took it with him» 

Burrows, a ticket-porter who was employed by 
Mr. Scott to watch the prisoner's motions, said he 
saw him, February ioth, in Great Suffolk street, 
In the Borough. He traced him from: thence to 
Blackfriars-road, where he took a coach and went 
to the corner of St. AlbanV street, Pall-mall, to the 
Prince of Wales's seal-engraver (Mr. Strongi- 
tharm.^) From thence he went to Hyde-park cor- 
ner in i\\e same coach. Here he got out of it, and 
walked to Hammersmith, where he hailed the Bath 
and Bristol coach: having got into the stage, the 
witness parted with him. Messrs. Elifson and 
Goldsmid, jun. (in whose house the prisoner had. 
been clerk for two years) thought the name of John 
Chapman (which was on the back of the notes) 
very much like the prisoner'shand-writing. Abra- 
ham Wildey Robarts, Esq. stated that he received 
200/. in 10/. notes, and 420/. which were left with 
Mr. Hawley, the numbers of which corresponded 
with those mentioned by John Hawley, clerk ill 
the Bank of England. They recovered ail toge- 
ther 620/. William Anthony, a Bovv-street offi- 
cer, said, he was applied to by the prosecutors, for 
the purpose of apprehending the prisoner, the ioth 
or nth of February, lie first went to Bristol, by 
the direction of Messrs. Robarts 1 house: he made 
inquiry there, but did not find the prisoner. He 
then went to the post-office, and in consequence of 
the information he obtained, he went to Andover, 
and from thence to Basingstoke. Having got fur- 
ther information of the prisoner, he went back to 
Whitchurch, and from thence Co Market Hiisley* 
between Newbury and Oxford. He found the prj- 

*en$r 



JOS HANSARD. 

sonef in the Oxford coach, going to Oxford. 
Having addressed him by his name, ^lansard, the 
prisoner said, his name was Hansard. The wit* 
ness told him he wanted him, and that he must 
come out of the coach: he seemed very much sur- 
prised, but got out : this was on Wednesday, Fe- 
bruary 15th. The witness took him int.o the pub- 
lic- house, where the coach was standing, and 
asked him for his money. The prisoner inquired 
at what suit he apprehended him. The witness 
told him it was forgery, and asked him again for 
his money. The prisoner pulled out his purse, 
with upwards of 40/. in gold — witness asked foi? 
the remainder 5 and, after some hesitation,, he said 
he had left 420/. with a friend in Coventry-street 5 
and that he had sent 200/, in his saddle- bags y JVoin 
Whitchurch the night before, directed to a friend 
In Eastcheap, and a letter at the same time, de- 
siring that friend might send it to Messrs. Robarts^ 
the bankers, which he had no doubt they had re. 
ceived before he had seen the witness. Besides the 
purse, the witness took a pocket-book from him., 

which contained the following memoranda : 

" January a 8th, left Goldsrnid's ;— engaged a pas- 
sage to Jamaica 5— February 2d, paid J. Pennett 
7/. a loan 5— -9th, a very narrow escape for my life, 
slept at Brentford 5— nth, slept at Andover $— 
J2 6h, and 13th, slept at Salisbury; — 14th, slept at 
Whitchurch, Hants 5 — Hilsiey-Fair, 26th of Au- 
gust."* Witness did not look into the pocket- 
book till two or three days afterwards 5 it had 
never been out of his possession. The prisoner was 
very much surprised and told the witness from what 
had happened, his friend having sent back the 
420/. and the 200/. having been transmitted to the 
bankers, he did not suppose there would be any 

search- 



HANSARD — HARDING. J 09 

search for him. The prisoner made no defence and 
the jury, without hesitation found him guilty. 
He suffered July 5, 1804, in front of the prison in 
the Old Bailey, the new gallows, which was used 
only once (see Hurle, Anne) having been now- 
laid aside. This unfortunate youth was dressed in 
mourning and behaved in a very decorous manner. 
He was brought out about 8 o'clock, and turned 
off in a few minutes. A great number of people 
had assembled- (this having been the first execution 
this year in consequence of his Majesty's then indis- 
position) whose sympathy on this occasion seemed 
to be greater than usual.* 

HARDING, JOHN, ("forgery) was a genteel 
man about 35 years or age who devised a new spe- 
cies of forgery, and not only exercised his talents 
in defrauding government, but wickedly endea- 
vored fo involve inexperienced youth in the ruin 
which he fell into himsdf. On Sept. it, 1805, ne 
was capitally indicted for forging, fabricating, ut- 
tering and publishing as true, a stamp on the spade 
ace with intent to defraud the revenue. He was 
dressed in a suit of black on the day of his trial, 
and full powdered. The Attorney General open- 
ed the case on the part of the prosecution, in a 
very long speech, in which he stated to the jury, 
the outline of the prisoner's transactions. The 
nVst witness called on was Mr. Hocklev, the printer 
of the legal spade ace at the stamp office. Hs 
had (in consequence of the suspicions entertained 
at the stamp- office* on account of the small demand 



* Henre it U manifest that the frequency of execu- 
tions tends more to harden than to awe the multitude. 

vol- iv. l the 



110 HA11DING, 

the prisoner there made for stamps, and the exten- 
sive business which he seemed to carry on) very 
frequently made purchases of packs of cards of the 
prisoner, as had also his apprentice, and the sfaipps 
on the aces of spades were all forgeries. These 
purchases which were very numerous, took place 
iii the month of May, 1804. It appeared by the 
evidence adduced on the part of the prosecution, 
that the prisoner kept two shops, where these pack;s 
of cards were sold, the one in Hereford-street, Ox- 
ford-street, and the other in North-row, near 
Grosvencr- square. On the 27th of May, Mr. 
Hockley, ordered five dozen packs of cards to be 
sent to No. 74., Edgware-Road, which were accoi- 
din^Jy sent and the person who carried them, Vin- 
cent Jackson (as he also deposed,) gave a receipt 
for the money (iol. 5s.) in a fictitious name (B. A. 
Bates j) Harding have desired him to give the le- 
ceipt in any name he pleased. The prisoner's- ap- 
prentice, Stephen Lepine, deposed that he saw his 
master making cards on one occasion, and observed 
him to paste labels on them, which he gave a gloss 
to by putting some liquid on them. Witness also 
proved, that the prisoner occupied premises behind 
the house of Mr. Skelton, Green street, Grosve- 
iior-squaie. A body of evidence was adduced, to 
prove that the prisoner had employed a seal-en- 
graver of the name of Leadbeater to execute aces 
of spades for him. Leadbeater dined with the pri- 
soner two years since, when he asked him if he 
could engrave on copper. On being answered in 
the negative, thepiisoner requested he would find 
some trusty artist in that branch. Leadbeater re- 
commended a youth of the name of White, who, 
the prisoner was informed, could be depended on. 
Four duty aces were given to Leadbeater for 
' White 




J.HAKBIN&o 



,W Jan.iaMo, ly JSTvU-aJl.Fuhcr & Vixen, Lh-cr pool . 



HARDtftG. Ill 

Wiike to imitate as closely as possible 5 and if he 
was asked any questions, he was to say they were 
for a foreigner at Hamburgh. White, however, 
was timid, and declined the task, so that all nego- 
ciations with him were abandoned. In six or seven 
months after the prisoner pressed on Leadbeater to 
learn the art of engraving on copper, adding, that 
he would be at the expence of a master. Mr» 
Woodthorpe, a respectable engraver in Fetter-lane, 
was applied to, and the witness was placed under 
his tuition. The prisoner's visits to Leadbeater 
were very frequent, and one day he showed him an 
old plate of the spade ace, which he wished to be 
touched up. Witness was unable to do the job, 
and an apprentice of the name of Bunning was 
employed, under the impression that the plate was 
for Mr. Shepherd, at the stamp office. It was also 
proved, m. evidence, that the prisoner had large 
dealings with Mr. Skelton for spirits* &c. for 
which -he gave waste paper 5 that is, packs of 
cards, which Mr. S. -sold at a profit. Rivet, Mil- 
lar, and Carpmeal, searched the premises occupied 
by the prisoner at the back of Mr. Skeltoifs house* 
They found a quantity of forged stamps of the 
spade ace, and also a quantity of forged plates for 
fabricating the stamps, which were concealed un- 
der ground. In the counterfeit ace, in the word 
" Diem" in the motto, the letter R. was substi- 
tuted (or the letter E. Mr. Justice Heath ad- 
dressed the jury, and observed, there could be no 
doubt in the case. The jury accordingly found 
Jhe prisoner — guilty. 

The prisoner was a genteel man, thirty-five years 

of age: on the day of his trial, he was dressed in 

black, and full powdered. He suffered in the Old 

L % Bailey^ 



tit HARDING— HA11RTS. 

Bailey, November 13, 1805, with William Cubitt, 
and Mary Parnell. See Cubitt. 

HARRIS, JOHN, (murderer,) a case of 
singular atrocity, and which, for the circumstances 
which led to a discovery, well worthy of our at-' 
tention, was tried at the Hertford assizes, March 6, 
1807, for the wilful murder of his brother-in- 
Jaw, Benjamin Stapps, on the 24-th of September, 
1806, near Heme! Hempstead, in Hertfordshire, 
Mr. Common Serjeant for the prosecution, observ- 
ed, that the charge against the prisoner at the bar 
called for the jury's most serious attention} and 
that this particularly claimed their whole attention, 
because it must be made out by a number of cir- 
cumstances, some trivial in themselves j but, when 
all were added, they formed a weight of the 
greatest magnitude against the prisoner at the bar. 
The prisoner was an old man ; but the deceased 
was a much older. They lived together in a small 
cottage, near Hemel Hempstead, the property of 
the deceased ; and the probable motive of the 
prisoner to commit the crime (if he did commit it) 
was avarice, as the deceased had shortly before 
made a will, and left him all his property, amount- 
ing to about 150I. He then detailed the circum- 
stances of the case, as they are below stated in the 
evidence. The last time the deceased was seen was 
©n Tuesday evening, 24th of September, and it was 
on the night of the day he must have met his 
death. On the Wednesday morning, the prisoner 
went to work as usual j and when he returned in 
the evening, he went to a neighbouring cottage, 
the residence of one Elizabeth Grover, and then 
said he had lost " Old Ben," meaning the deceas- 
ed, and could not find him any where ; though he 

had 



- , HARRIS. 113 

had been looking In every place for him ; an$ 
could not think what had become of him. After 
making this complaint, he went away; but about 
£ve o'clock the next morning he came again* and 
called, Elizabeth Grover up, to help him to look 
for Old Bai. By nine o'clock, several neighbours 
were at the cottage j and a man of the name of 
Penn having descended the well, there found the 
body. The coroner's inquest was held the. next 
day, and do suspicion falling on any one, it was 
thought that he had fallen into the well, and the 
body was buried on 'he Saturday following. Se- 
veral circumstances, however, begat suspicion, and 
the body was agarn taken up and examined by 
two surgeons 5 and they discovered that the death 
lhad.not been occasioned by drowning, but by contu- 
sion, and a violent blow on the head by some blunt 
Instrument. The evidence, he said, which seemed 
to weigh against the prisoner, was, that no one else 
could have committed this deed : and certainly the 
murder was not done for the purpose of robbery, lot 
no article was taken away of the property of the de- 
ceased 5 and he should produce them a model of 
the well, to shew that it was almost an impossi- 
bility for any person accidentally to fall down it. 
There was also one piece of evidence which he 
thought extremely important. Grover would 
prove that /he washed for the old man and the 
prisoner, and that he wore about one shirt a week ; 
but when the body was drawn from the well, it had 
a clean shirt on } and on the Monday following, 
the prisoner, when he sent his own linen to was,h, 
sent a piece of a shirt, which she knew the deceased 
had put on the Sunday previous to his death. The 
fore part was torn away, probably because it had 
been bloodstained before the murder was commit- 
L 3 ■'. ted 5 



114 HAHRfS. 

ted; but it had so happened, that there was one 
spot of blood on the piece which remained. The 
case, as stated by Mr. Common Serjeant, was con- 
firmed by several witnesses. The learned judge 
(Mr. Justice Heath), in summing up, told the jury, 
that, in almost every case of murder, they must 
be contented with circumstantial evidence, as mur- 
der was perpe< rated in secrecy. But their first in- 
quiry would be, whether any murder had beert 
committed, or whether the deceased had thrown 
himself into this well. From the evidence , there 
certainly was great/ probability that the deceased 
had been murdered. It was proved there was great 
difficulty in any one falling down the well. The 
surgeons proved that he had received blows, both* 
before and behind, on the head, but none on the 
top of the head, where it was likely he would have 
receive one, if he had fallen down head foremost. 
It was, however, in proof, that the well had a 
chalky bottom, and such bottoms usually had 
irregular flint-stones. There was no evidence how* 
this was, though it seemed a desirable piece of 
evidence to have obtained. He then recapitulated 
all the evidence, remarking on it as he went along, 
and left the jury to say, whether they thought the 
circumstances weighty enough to pronounce a 
a verdict of guilty against the prisoner.- 1 — In his 
defence, he only said he was innocent. The jury, 
however, found a verdict to the contrary j and 
sentence or death and dissection was of course 
pronounced upon liim, which took |>lace accord- 
ingly. 

HARTFORD, RICHARD, ) See Fordham, 
HARVEY, JOHN, U 0H N. 

HARWOOD, REGINALD. See Haywood, 
-Richard* ' . 

HAVtfLEY, 



HAWLEY. J15 

HAWLEY, HENRY, (traitor,) who was 
engaged in the Irish rebellion of 1803. (See Em- 
METT, vol. I.) when Lord Kilwarden, the Chief 
Justice of the King's Bench, was most inhumanely 
murdered, July, 23, 1803, near the market-house, 
in Thomas-street ; and his nephew, the Rev. Mr. 
Richard Wolf, snared the same fate. The most 
noted of these rebels who suffered previous to 
Hawley, were Edward Kearney or Carney 5 (he 
was the first brought to justice and convicted, 
chiefly upon the evidence of a lieutenant and adju- 
tant Brady, who proved the finding him in arms* 
July 23.) Thomas Maxwell Roche, about 60 years 
of age, and a slater by trade ; Owen Kirwan, an 
old-clothes-man ; and James Byrne, who had been 
bred up to the baking business, which he had suc- 
cessfully carried on for some years in the neighbour- 
hood of Naas, in the county of Kildare. (See 
Rourke, Felix. 3 Kearney, Roche, and Kirwan, 
suffered in Thomas-street, and Byrne was executed 
opposite the King's stores in Townsend-street, 
where, a temporary gallows was erected for the 
purpose. Hawley seemed to have somewhat of a 
better education than any of these j he was a native 
of Roseiea, in the county of Tipperary, and had 
been so active in the rebellion of 1798, that he was 
wounded in an attempt to plunder a house, in that 
neighbourhood, of arms. When John Hanson, the 
keeper of the tower in the castle, went to arrest 
him, this desperate man immediately fired at and 
shot him : {or this crime he was not indicted, but 
for that of high treason, September 27. The fact 
of his having been employed in manufacturing 
of pikes, was proved by sufficient evidence ; and no 
attempt being made to rebut the charge, the jury, 
without going out of the box, pronounced the 

yerdret 



116 HAWLEY — HAYWOOD. 

verdict of — Guilty. After a solemn appeal to th« 
prisoner on the enormity of his offence, Baron 
George pronounced the sentence of death on him. 
This wretched man was executed Sept. 29, 1803, 
according to 'his sentence, at the front of the New 
Prison. Before the rope was adjusted, he requested 
leave v to address the people. The extreme contri- 
tion and repentance he expressed, induced the 
sheriffs to yield to his desire : he accordingly came 
out upon the platform, and raising his voice, so as 
to be heard to a considerable distance, said nearly 
as follows .- — ," Good people, pray for me, and 
pray that I may be forgiven my sins, which I 
heartily repent of.— Good people, you see to what 
a situation I am brought by my own folly, and by 
bad advisers.— Good people, iove each other, and 
forget all animosities — relinquish your foolish pur- 
suits, which, if you continue to follow, will, in the 
end, bring you to the situation in which I now 
stand.' 1 '* He confessed that he had, with his own 
hand, murdered Colonel Browne, of the 2.1st regi- 
ment, on the night of the rebellion. He appeared 
fully sensible of the enormity of his crime, as well 
as that of the murder of Hanson, and exhibited an 
appearance of the deepest remorse, entirely different 
from that sullen and ferocious apathy with which 
so many of his accomplices had met their fafe. His 
whole conduct excited a degree of compassion, 
which it required the full recollection of his crimes 
to overcome. He returned from the platform, and^ 
having prayed for a short time, was again led« 
forth, and the trap falling* he died without a 
struggle. 

HAYWOOD, RICHARD, alias HAR« 
WOOD, REGINALD, (felon,) a most har- 
dened and desperate character, aged 24, who was 

indicted 



HAYWOOD. J 17 

indicted for having stolen two bolsters and two 
pillows, value ios. the property of Richard Crab- 
tree 5 and for cutting, with a certain sharp instru- 
ment, Benjamin Chantry, in order to prevent his 
lawful apprehension of him for the said felony. 
The first witness called on his trial, was Miss 
Jenkins, cousin to Mrs. Crabtree, who stated, that 
on Saturday evening, October 20, 1804, in conse- 
quence of some suspicions which she and Mrs. 
Wilson had, they sat watching in Mr. William- 
son's house, which was opposite to Mr. Crabtree's, 
No. 11, Thayer-street, Manchester-square. They 
saw two men go into Mr. Crabtree's house with a 
key. Hereupon Mrs. Wilson went down stairs, 
and the witness observed her cross over and knock 
at Mr. Crabtree's door. She saw the door open, 
but nothing else. Mr. Williamson said, that he 
followed Mrs. Wilson, and was, when she knocked 
at Mr. Crabtree's door, close to the step of it. He 
saw two men come out of the house : one ran to 
the left, who, he believed, made his escape; the 
other (the prisoner at the bar) made a blow at Mrs. 
Wilson, and ran to the right. The witness cried, 
* Stop thief !* and he had not got above twenty 
yards before he was stopped by a gentleman: tM|M(M 
prisoner fell down in the middle of the street, hut 
got away from the gentleman. The witness never 
lost sight of him, till he was stopped by several 
people in Mary-le-bone-Jane. Henry Holford, a 
merchant, in Crutched-friars, said* that as he was 
passing through Thayer-street, Manchester square, 
he saw thcpri-oner coining out of the house, No. 
11, and making a violent blow at a lady : he im- 
mediately ran towards Hind-street, and came so 
close to the witness that he seized him. He 
struggled, and made a blow at the witness's head, 

which 



113 HAYWOOD. 

which he avoided, and the prisoner fell. The 
witness saw something in his hand, which he after- 
wards understood to be an iron crow. The wit- 
ness returned the blow and the prisoner fell. He 
got up again and turned, and escaped for a mo- 
ment. The witness pursued him down two small 
streets, and Jcept sight of him till he saw Chantry 
at the door of his owj^ house. The witness called 
out to him 6 Stop thief I* Chantry laid hold of him 
immediately. The witness told Chantry to take 
care, for he had an iron-crow in his hand. Chan- 
try looked round, and in a few moments after- 
wards the prisoner lifted up his hand, and made a- 
violent blow at him with* the iron. He was then 
taken to the watch-house, and the iron- crow was 
delivered to the officer. Benjamin Chantry corro- 
borated the last witness's deposition 5 adding, that 
he was taken to the hospital soon after, that twelve 
or fourteen pieces of bone had been taken out of 
his head, and that more pieces were still coming 
out. John Boyd, an officer, belonging to the 
Police-office at Marlborough- street, produced the 
iron-crow. He said, that there was a mark upon 
the second Iront-room door of Mr. Crabtree's 
house, which had been attempted to have been 
opened, and the impressions exactly corresponded 
with the iron. Stephen Parroquet, one of the sur- 
geons of Middlesex hospital, stated the dreadful 
condition in which Chantry's head was in. The 
prisoner in his caerence said, that he was very much 
intoxicated, and did not know that he had struck 
any person. The jury found him — Guilty. This 
atrocious offender had been tried and convicted 
the preceding sessions of a similar offence. He 
was ordered for execution with John Tennent, 
who was convicted at the Old Bailey, January u, 

1805., 



HAYWOOD. ] IQ 

1805, of a burglary in the house of Robert Shaw, 
Esq. of New Bridge-street, and stealing thereout 
a miniature-picture, a pocket-compass, a leather- 
bag, a canvass-bag, twenty guineas, eleven half- 
guineas, sixteen seven-shilling pieces, three crowns, 
four half crowns, sixty shillings, nine sixpences, a 
French crown, a French half crown, a medal, a 
bill of exchange for 3007/. 8s. another for 500/. 
another for 4.34/. y. another for 500/. another for 
100/. one for 25/. one for 360/. and several bank- 
notes of different values. The prosecutor (Mr. 
Shaw) stated, that he was a solicitor, and lived in 
Bridge-street, Biackfriar?, but that the door of 
the offices was in Tudor-street; On the night of 
the 5th of November, 1804, he was late in his 
office, and he heard the servant shut the doors of 
the clerks' office, and the door opening into Tudor* 
street. Next morning he heard of the robbery from 
his servants, and going into the office he found his 
desk-drawer had been broken open, and the money 
and bills stolen. There was no mark of violence 
on the doors; from which he concluded, that they 
had been opened from within. The prisoner at 
the bar had lived footman with him, and had 
quitted his service in July last, having taken a 
public-honse, the corner of Little Suffolk-street, 
Dirty-lane, behind the King's Bench. One of the 
20/. notes being traced to the prisoner's wife, he 
went, on the 17th of November, with Mr. Nalder, 
the, City-marshal, and three other officers, to his 
house. In the prisoner's bed room they found a 
little box, which, upon examination contained a 
small bag, having in it the picture, compass, and 
all the bills of exchange which were lost. They 
also found the crown-pieces and medal, which he 
believed to be the same, but could not identify. 

On 



120 HAYWOOD. 

On cross-examination, he said his cook cut her 
throat on the ist of December, and he took ano- 
ther servant in.to custody on account of the rob- 
bery. William Harris, groom to Mr. Shaw, de- 
posed, that he fastened the doors of the offices on 
the 5th of November. On the Sunday following, 
he and the cook visited the prisoner at his house. 
The prisoner and he, after tea, looked at the 
offices, when the prisoner remarked, they must 
be d — d rascals who had done the deed. The wit- 
ness and the cook, and another servant, had lent 
the prisoner money, to go into the public house ; 
and the prisoner told the witness, that if he would 
persuade one of the female servants, who was preg- 
nant by him, not to swear the child to him, he 
should be the sooner able to repay what he had 
borrowed, as he was doing very well. William 
Hyde, Mr. Shaw's butler, proved, that on the 
morning of the 6th of November, he found all the 
otfiice-doors open. Martha Stevens, the house- 
maid, deposed, that when she went to lay the fire* 
and dust the offices, in the morning of the 6th, 
she saw that Mr. Shaw's drawer had been broken 
open. Francis Nalder, and the other officers, 
proved the finding of the articles in the prisoner's 
bed room, as stated by Mr. Shaw. Among other 
things were two Si It- spoons. These salt-spoons, 
Samuel Hadley, a bookseller and silversmith, at 
Farnham, in Surry, proved, were bought of him 
on the 13th of November, by the prisoner's wife 5 
on which occasion she offered a bill of 364/. to be 
discounted. This bill was proved to be one stolen 
from Mr. Shaw's drawer. David Thomas, a shop- 
man to Mr. Faden, linen-draper, in the Borough, 
proved, that he received a 2c/. note from the pri- 
soner's wife, No. 7567. This note was traced 

from 



MAY WOOD. [21 

from the Bank to the prisoner's wife, and was one 
stolen from the drawer. In the course of the trial, 
two letters from the prisoner to a friend of his, in- 
structing him what he should say, as a witness in 
his defence, were delivered by the turnkey of New- 
gate to Mr. Nalder,and read in evidence against him. 
The prisoner when called upon for his defence, 
said, he left it to his counsel, and called the prose- 
cutor, who said, when he came into his service, he 
came with a good character, and during the rime 
he was with him he was a good servant. The Jury, 
without any hesitation, pronounced the prisoner- 
Guilty, Mr, Robert Shaw recommended him to 
mercy, as the prisoner, since he had been in con- 
finement, had returned him bills of exchange, in- 
closed in a letter, to the amount of five hundred 
and odd pounds, which were not in the indictment; 
he did not mention it by way of extenuation of 
guilt, but by way of inducement to mercy. — 
Richard Haywood, ever since sentence of death 
was passed upon him, had behaved with unexam- 
pled depravity. He never attempted to deny his 
guilt; but, on the contrary, seemed to exult in it, 
an I often regretted he had not done a deed more 
deserving of death. It was his constant boast, 
that he would, on the scaffold, surpass the noto- 
rious Abershaw,* in evincing bis contempt of 
death ; and he constantly endeavoured to instil into 
ihe mind of his fellow-sufferer those diabolical 
principles which he had imbibed himself. These 
wretched men, from the hour of their confinement 
in the condemned cells, expressed the greatest con- 



* See Vol. I. 

m tempt 



122 HAYWOOD. 

tempt of their situation; and when the keeper 
went on Wednesday to warn them of their ap- 
proaching execution (which rook place next morn- 
ing, April 30, 1805}, they behaved in so deter- 
mined and riotous a manner, that it was necessary 
to secure them with irons to the floor. Haywood, 
who was supposed to have procured a knife from 
his wife, while she was permitted to see him, 
rushed upon the keeper, during the altercation, 
and would have stabbed him with it, if he had 
not left the cell. They uttered the most horrid 
imprecations ; and, after declaring, in cant terms, 
that they would die game, threatened to murder 
the Ordinary if he attempted to visit them. Their 
behaviour in other respects was so abandoned, that 
the necessary attendants were deterred from further 
interference, and left them to the dreadful fate 
which awaited them. When the time for quitting 
the court-yard arrived, Haywood called to a friend, 
who was present, to deliver him a bundle he had 
in his hfirhl, out of which he took an old jaeker, 
and a pair of old shoes, and put them on. c Thus/ 
says he, ' will I defeat the prophecies of my ene- 
mies: they have often said I would die in my coat 
and shoes, and I am determined to die in neither/ 
Being told it was rime to be conducted to the scaf- 
fold, he cheerfully attended the summons, having 
iiist eaten some bread and cheese, and drank a 
quantity of coffee. Before, however, he departed* 
he called out in a loud voice to the prisoners, who 
were looking through the upper windows at him, 
* Farewell, my lads; I am just going off: God 
bless you.' — * We are sorry for you,' replied the 
prisoners. ' I want none of your pity,* rejoined 
Haywood ; ' keep your snivelling till it be your 
own turn/ Immediately on his arrival upon the 



HAYWOOD — HEALD. ] 23 

scaffold, which he ran upon with great agility, in 
a loud laugh, he gave the mob three cheers, intro- 
ducing each with a ( Hip, ho V While the cord 
.was preparing, he continued hallooing to the mob, 
€ How are you ? Well, here goes.' It was found 
necessary, before the usual time, to put the cap 
over his eyes, besides a silk handkerchief, by way 
of bandage, that his attention might be entirely 
abstracted from the spectators. At the suggestion 
of Mr. Holdsworth, Tennent however, made some 
alteration in his conduct. This officer, finding his 
advice attended to in this instance, entreated him 
no longer to follow the evil counsel of Haywood, 
but to employ the few moments he had left in a 
ehristian-like manner. Tennent shed tears, shewed 
some contrition, and suffered the Ordinary to at- 
tend him to the scaffold. Dr. Ford continued in 
prayer with him j and though he did not join with, 
yet he listened to him attentively. He came on 
the platform with great resolution, but did not 
then follow the daring and abandoned example of 
his companion : he was cleanly dressed in a brown 
coat and buck-skin breeches, and observed a pro- 
priety of conduct suitable to the awfulness of the 
occasion: he shook hands with Haywood; and, 
just as the noose was placed round his neck, he 
emphatically exclaimed, c Lord have mercy upon 
me/ Haywood muttered some words in reply, 
which were not perfectly understood, but were sup- 
posed to be said to Tennent by way of reproach. 
He then gave another halloo, and kicked off his 
shoes among the spectators, many of whom were 
deeply affected at the obduracy of his conduct. 
Soon afterwards the platform dropped. 
HE ALD, JOSEPH. See Terry, John. 

m z HEM- 



124 HERBERT. 

HEMMINGS, CHAR. See Walker. G. fe. 

HERBERT, WATKINS, (highway rob- 
BER,) was a private soldier in the first regiment 
of guards, and a fine looking man, aged 25, who, 
in all probability, would have shared that clemency 
which was extended to other convicts, at the same 
time under sentence of death, had he not, in his 
defence, aggravated his crime, by endeavouring 
to rob the prosecutor of his reputation, as he had 
done of his money. This case was tried at the 
Old-Bailey, Dec. 3, 1806, before the Hon. Baron 
Graham, Sir Nash Grose f and the Recorder. 
He was capitally indicted for a highway rob- 
bery on Samuei James, servant to R. Fkz- George 
Stackpote, Esq. of Grosvenor- place, on the 2d of 
November, in Hyde Park, and taking from his 
person a 10/. Bank of England note, a 1/. ditto, 
and a silver tooth -pick case. The prosecutor was 
crossing Hyde Park 'from Cumberland gate, be- 
tween t !ght and nine o'clock in the evening above* 
mentioned ; and when passing near the Bason, 
met the prisoner, who was in the undretes jacket and 
round hat, usually worn by his regiment when on 
drill. The prisoner looked sharply in his face as 
re passed him, and then turned about, followed 
him, and asked him, what o'clock it was ? He 
answered, about half past eight. The prisoner, 
after following him some way further, tripped up 
his heels, and at the same time struck him with 
his fist lrom behind, and knocked him down. He 
then put his foot upon his breast, and said, * D— n 
your eyes! deliver your property.' Without wait- 
ing, he began to search tor the prosecutorN watch; 
but not readily finding it, thrust his hand into his 
pocket, and took thereout a 10/ note, a 1/. note, 
\ and 



HERBERT. 123 

and a silver tooth pick case ; but hit a guinea and 
some silver, which he did not immediately find ; 
and then ran off towards Kensington-gardens. 
The prosecutor followed him some way, but was 
afraid to venture further, lest he might be attacked 
by some of his accomplices. The prisoner shewed 
no arms or weapons of any kind. The prosecutor 
immediately recollected that the regiment was quar- 
tered in Portrnan- street Barracks; and he directly 
hastened thither, to enquire if any soldiers, an- 
swering the prisoner's description, had recently en- 
tered there, and to acquaint the officer of the 
guard with the robbery. The serjeant immediately 
ordered before him such soldiers as had recently 
come in 5 but none of them was the man. The 
prosecutor left his charge with the serjeant, and 
his address. On the evening of the 9th, he was 
sent for to attend on Captain Rainsford, of the 
regiment, at the Barracks, but could not go until 
next day, when seven men, all with the same un- 
dress uniform, were drawn out for his inspection, 
and he immediately knew and was positive to the 
prisoner, who, on being charged with the robbery, 
said he should make his defence when brought be- 
fore a magistrate. It appeared that the prisoner's 
detection at the Barrack arose through the disco- 
very of another private, named William Gibbons, 
wfio was centinel at the barrack- gate, at the time 
the prosecutor came to make the enquiry, imme- 
diately after the robbery, and saw the prisoner 
come running into the gate past him, at a quarter 
before nine, shortly before the prosecutor came to 
make enquiry, and give the alarm. Next morning, 
about five, Gibbons went up to the prisoner's 
soom, where he was in bed, told him he had been 
doing a pretty job for himself, and then mentioned 
M 1 that 



126 HERBERT. 

that a gentleman had come to complain of this 
robbery of two one-pound notes just after he came 
running in at the gate; and supposed he was the 
person. The prisoner only laughed $ and, taking 
his breeches from under his bolster, took some 
paper from the pocket, and gave it to Gibbons to 
examine, who found it was a bank-note, but did 
not know for how much, as the morning was dark. 
The prisoner desired Gibbons to put it into his 
great coat pocket 5 and then observed, that if the 
gentleman should call again and know him, the 
note would not be found on him. Gibbons did so. 
The same morning both went on duty, the one 
upon the king's guard, the other upon the queen's. 
At dinner- time they again met going for their mess 
to Portmari-street barracks, and on their way the 
prisoner proposed to change the note. They went 
for the purpose to the public-house of a man named 
William Shaw, called for some beer, and then 
asked the girl if her master could change a pound- 
note. Gibbons gave her the note 5 and shortly 
after Shaw came from the bar, and asked if they 
knew what note they had sent to be changed. 
Gibbons answered a il. note : Shaw said it was a 
10/. note, and expressed some surprise they should 
not know, adding, that he had not >o much change. 
The prisoner answered, it was only a mistake that 
Gibbons made, in not knowing it was a 10/. and 
said they would leave the note, and Call again for 
the change, which Gibbons did shortly after, and 
received the whole, deducting for three pots of beer 
they had. He gave the change to the prisoner, 
who only kept a 5/. note, and insisted on giving 
Gibbons the remainder, as share of the spoil. 
These latter facts were supported by the testimony 
•f Shatv, who .^ejoembered both the prisoner aqd 

^ribbons _ 



HEtLBEET. i'2l 

Gibbons being at his house, and having given change 
for the 10/. on the back of which, as he remem- 
bered, part of the name written was u Fitz- 
George." The prisoner having being called on 
for his defence, told a long story, in which he de- 
nied the robbery, and said the prosecutor had 
given it to him, in order to induce him to commit 
an unnatural crime. That as soon as it was put 
into his hand, he pushed the prosecutor down, and 
ran home to his barrack. Mr. Justice Grose 
summed up the evidence, and commented upon the 
total improbability of such a defence, which he 
never mentioned when first charged before his officer 
with the robbery, nor at any period before his 
trial. The jury found him — Guilty; and he suf- 
fered January, a8, 1807, at the front of the debtors 
door, in the Old Bailey. 

HERRING, BENJAMIN and SARAH. See 
Patch, R. 

HIGGERTY. alias HAGGERTY, OWEN. 
See Holloway, J. 

HODGES, JOSEPH, (cheat,) was together 
with his accomplice, Richard Probin, accused of 
cross-dropping, a species ot fraud which was fre- 
quently practised upon the unwary, particularly 
strangers and ignorant country-people unaccus- 
tomed to the cheats of London. These impositions 
are always effected by means of accomplices, who 
in order to conceal their nefarious purposes, meet, as 
it were by accident. The manner in which they are 
generally conducted may be learned from the story 
of the prosecutor, William Headley, who said he 
was an ironmonger at Cambridge; that he knew 
both the prisoners 5 that on the 7th of July, 1796, 
he was in town, going from Shoe-lane to the An- 
gel Inn, St, Clement's, to take a place on the out- 
side 



1 28 HODGES, 

side of the coach, to see his brother in Wiltshire i 
he met Hodges in Butcher-row, and left him to 
fake his p!ace Having taken it, Hodges overtook 
him in Clare market s the witness staid in Clare 
market, at Mr. Gardner's about ten minutes, and 
when he came out, he went to go back to Shoe* 
lane, to his friends. Near Portugal -street he was 
overtaken by Hodges again, but before he saw him, 
beheld a parcel lying at his right foot 5 Hodges 
clapped a hazle cane on the pared ; he was behind 
the witness; he picked up the parcel, and tore 
away the middle part of the paper, and showed the 
red, which appeared like a pocket-book ; he put it 
into his pocket, and took it out again in a minute, 
and opened the end, and doubled it as large as he 
could to satisfy the witness there was something in 
it, and he told him he had got a finding ; the wit- 
ness asked him what it was, and he stopped near 
Mr, Chorley's, the Castle, in Portugal- street ; he 
said, this is not a proper place to show it in, and if 
the witness would go in and have something to 
drink, he would show it him 5 accordingly he went 
in with him, and the prisoner Probin was there 
(that was the first time he saw him;) Hodges took 
out the pocket-book, unfolded it, and produced a 
receipt from Mr. Smith, (which the witness showed 
the court,) and read as follows:- — " London, 20th 
Jurie, 1796. Received of John King, esq. the sum 
of 320/. for one brilliant diamond cross, by me, 
William StT>ith.* ,> This was upon a four-penny 
stamp; Hodges held it rather under the table, read 
the receipt, and seemed very much alarmed and 
confused at finding it. The witness then read it, 
and then Hodges asked what must they do with the 
book and its contents; then he showed the witness 
the cross} who thought it should betaken to this 

William 



William Smith the jeweller; he confessed himself 
much at a loss what to do with it, as he did not ap- 
prove of sending it to the jeweller ; and asked the 
witness, if he had any objection to its being 
mentioned to that gentleman (that was Probin : ) 
there was no other person then in the room, and 
they did not appear, before that, to knbw one 
another : the witness consented to its being shown 
to him, and he asked him to give his opinion of 
this finding. Probin addressed himself to them 
with a great deal of politeness, and said, " Gen- 
tlemen, if you are in any difficulty, X will assist 
you;" and he asked, if any body was near; or, if 
they were both together: they told him, nobody 
was near : he asked, who picked it up ; the witness 
told him, Hodges. Probin then said, he thought 
Hodges ought to make the witness a present, as 
being a party, concerned. Hodges agreed to that 
proposal, and said, he would go to his banker's, ta 
get change for some drafts, to make him a present, 
as being with him when the parcel Was found : he 
said, he should not be gone above ten minutes; 
but Probin said, " I think you should not take the 
pocket-book with you,'" and proposed it should be 
left with the witness ; Hodges went, and returned 
in about ten minutes, very hot, and said, he had 
seen his banker, but he was obliged to go to 
'Change, and he should not see him any more till 
four o'clock; the business was then put off till 
four o'clock ; and a meeting was appointed at the 
Angel, behind St. Clement's. Probin asked the 
witness his name, and where he came from, and he 
told him , and Hodges gave him his name and ad- 
dress; saying, he came from Worcester, and was 
in the hop business : the witness forgot the name 
Hodges gaye, but was sure it was not that of 

Hodges* 



^ 



130 HODGES. 

Hodges, Probln gave his name as William Jones, 
No. 7, Charing cross. Probin then said, Hodges 
ought to have the pocket-book, and the valuable 
property in it, till four o'clock. Probin then 
asked the witness, what he would leave to have the 
property left with him till four o'clock : he asked 
him if he would leave ioo/. as a security for his 
meeting them. The witness pulled out some pa- 
pers he had concealed in his stocking, and took 
out a bill of ioo/. ; it was a Bank-bill, on demand § 
Probin took it out of Hodges's hand, turned it 
over, and examined it: said, it was pieced, but it 
would do very well. The witness left the note in 
the care of Hodges, and departed. About five 
minutes after, he showed the cross to a friend ; 
and, from what he said, the witness was alarmed, 
and went to inquire for Mr. Jones, No, 7, Cha- 
ring crossj but he could find no such person ; and 
about two or three o'clock, he gave information at 
Bow-street, and described the persons of the par- 
ties concerned. This event took place on Thurs- 
day, and the prosecutor saw them in custody at 
Bow- street on the Monday following. The bank- 
note of 100/. having been now produced was 
sworn to by William Headley, and Isaac Coxali, of 
Hitchin in Hertfordshire, said that he had paid 
Headley the note in question with some others on 
the 6th of July* John Rivett, a police officer who 
was sent with others on the 6th of July, in conse- 
quence of Headley's information, to Hodges's 
house, No. 12, Wyld court, said that Hodges was 
not at home, but Mrs. Hodges wa§: Rivett search- 
ed her> and found on her five ten-pound notes, of 
the Bank of England: he, Carpmeal, and Miller, 
remained in Hodges's house all night. About se- 
ven in tfee morning, Carpmeal and Rivett being 

obliged 



HODGES, iJi 

obliged to go about other business, left Miller and 
Berresford in the house. Probin was brought to 
Bow-street, by Berresford, en the 8th, in the morn- 
ing. Rivett searched Probin, and found four ten- 
pound Bank-notes on him, and five guineas. 
Hodges was taken soon after. He also searched 
him, and found two guineas and a half, and two 
red morocco pocket-books $ one of them contained 
another cross, and the other nothing but a direc- 
tion, « c William Headley, Cambridge 5" which was 
the direction Hodges wrote down in the presence 
of the prosecutor. Robert Berresford, a constable, 
of St. Clement's, also swore, that on Friday morn- 
ing, the 8th of July, he went to Hodges's house, 
and in about a quarter of an hour, Probin came to 
the window j the shutters Were a little open 5 he 
peeped in, and Hodges's wife waved her hand to 
him to go away 5 he did not take the hint directly, 
but came and peeped in again, and she waved her 
hand again ; the witness then ran out of the room, 
and said, Mr. Hodges, I want you ; the witness 
seized him, supposing him to be Hodges, but he 
denied that he v\ as, and refused to go with him 5 
iinding, however the witness resolute, he went 
quietly to Bow-street, where he was left in custody. 
The witness then went back to Hodges's house, and 
in about twenty minutes, Hodges opened the door, 
and came in. Hodges's wife got up and asked, 
when did you hear from our friends in Cirencester } 
My husband will be there next week. The witness 
thought he answered the description of Hodges and 
secured him also. John Furmean, a jeweller, said 
there was no intrinsic value in either, of the dia- 
mond crosses. He would not give any thing for 
either if offered to him for sale. It was further 
proved by Mr. Francis Selkeld \joiiq of the cashiers 

•f 



132 HODGES — HOLLOWAY. 

of the Bank) that he gave 10/. bank notes for th 
ioo/. bank note in question and that the prisone 
wrote on it " W. Hodges, Holborn.'" This witness, 
on looking at the four 10/. bank notes which were 
found on Probin, said they answered in date and 
number to four of the 10/. notes. Hodges made 
no defence 5 the other prisoner (Probin) said that 
the notes which were found on him, were Hodges's, 
who having been intoxicated the preceding night 
had given him his pocket-book to take care of. 
They were both found guilty, and sentenced to be 
transported each for seven years. 

HOLLOWAY, alias OLIVER, alias LONG 
WILL, JOHN, (murderer,) who with his ac- 
complice Owen Haggerty, alias Higgerty, was con- 
victed of the wilful murder of John Cole Steele on 
Honnslow -Heath, Nov. 6, 1802, and who sufTeied 
for the same above four years after the commission 
of the deed. This case is not only remarkable for 
the circumstances attending it, but also for the 
many serious accidents which happened at the place 
of execution. The deceased a man of very respec- 
table character, was proprietor of a lavender-water 
warehouse in Catherine-street, Stiand, and on the 
day preceding his murder, (November 5,) he went 
to Bedfont, where he had a plantation of lavender, 
to give instructions to his men j but not returning 
to his house in town according to his usual custom, 
his friends became anxious for his safety ; a strict 
search was set on foot, and, after exploring differ- 
ent parts of Hounsiow-heath, he was round buried 
under a bush: part of "his forehead was entirely 
cut away, and his head wounded in many places, 
as was conjectured, with a bayonet. They also 
discovered that, on his return from Bedfont, he 
could not procure any kind of carnage, consequent- 
ly 




GLLQW-AY 



.,;,, U y r,H' v J r,,,,,,, 



BEfcifi 



HOLLOWAY. 133 

Sy was obliged to proceed to town on foot. His 
boots and hat were taken away ; his pockets were cut 
entirely ofFj and, from the circumstance of a mili- 
tary hat being found at the place, no doubt was 
entertained that hje was murdered by some soldiers. 
A verdict of wilful murder against some person or 
persons unknown was brought in by the coroner's 
jury who had met for the investigation of this 
business at the Ship public-house, November 12. 
The commission of so atsocious a deed was soon 
known through all parts of the metropolis, and the 
magistrates at Bow-street, and other police-offices, 
with that laudable industry which characterize their 
proceedings, set on foot a strict enquiry, in hopes 
of discovering the murderers. They wrote to all 
parts of the kingdom, describing the particulars 5 
and the government uniting their efforts, every per- 
son who quitted the kingdom was subject to their 
scrutinizing eye. Several persons were taken up 
on suspicion of being the perpetrators, and among 
them two labourers, who were heard quarrelling at 
Bristol, and accusing each other of shocking 
crimes 5 but it appearing that they were innocent 
of this charge, a collection was made for them in 
the office. Sir R. Ford ordered them three guineas, 
and a pass to Liverpool, indicative of their inno* 
cence. Still no conclusive evidence or fact could 
be brought home, so as to warrant the detaining of 
any person for the crime, and the public had to re- 
gret that the offenders remained undiscovered. A 
circumstance occurred about four years afterwards, 
which led to the apprehension of John Holloway and 
Owen Haggerty. Holloway was a man apparently of 
great muscular strength, aged 39, tall and of a sa- 
vage, brutal, and ferocious countenance, with large 
th,ick lips, depressed nose, and high cheek bones : 

n Haggerty 



134* HOLLOWAY. 

Haggerty aged 24, was of a feeble and diminutive 
stature. A man of the name of Benjamin Hanfield 
alias Enfield, who had been convicted, at the Old 
Bailey, July 3, 1806, of grand larceny., was sen- 
tenced to seven years transportation. He was at all 
and rather a good looking man, seemingly possessed 
of a greater degree both of education and natural 
sagacity than usually falls to the share of men in his 
sphere of life. He was conveyed on board a hulk 
at Woolwich, to await his departure for New 
South Wales; but having been taken with a severe 
illness, and tortured in his mind by the recollection 
of the murder, about which he constantly raved, 
he said he wished to make a discovery before he 
died. A message was immediately dispatched to 
the police magistrates at Bow-street, to communi- 
cate the circumstance and an officer was sent to 
bring him before them. When he was brought 
on shore, they were obliged to wait several days, 
his illness not permitting his immediate remo- 
val. On his arrival in town, the magistrates 
sent liim in custody of an officer to Hounslow- 
lieath. He there pointed out the fatal spot where 
the murder was perpetrated, and related all the cir- 
cumstances, which he alleged to have attended it ; 
and as his evidence implicated Haggerty and Hol- 
loway, measures were taken to apprehend them» 
Several private examinations of all the parties took 
place. Hanfield was admitted king's evidence, 
and Holloway and Haggerty were fully committed 
for trial at the next quarter sessions at the Old 
Bailey, which came on February 20, 1807, before 
Sir Simon Le Blanc, knight. Such was the eager 
curiosity of the public to know the issue of this 
trial, that the court was crowded at a very early 
hour in the morning j and before the arrival of the 

judges 



HOLLOWAY, J35 

judges, the whole area in the Old Bailey was com- 
pletely crammed. The marquis of Abercorn, and 
several other persons of distinction, were upon the 
bench. The indictment having been read, and the 
prisoners having pleaded not guilty, Mr. Gurney, as 
counsel for the prosecution, opened the case. He 
stated to the jury the chargeupon which the prisoners 
stood at the bar. He said that doubtless the re- 
collection of the circumstances of this melanrjioly 
transaction was fresh in their memory: he tnly 
mentioned this, that before they went into the box, 
they would divest their minds from any feelmgs 
arising from the nature of the crime. He then 
stated the particulars of the deceased himself, 
before he entered into a detail of the evidence. 
Mr. Steele, he said, had left his house in town on 
Friday, the 5th of November, 1802, giving his fa- 
mily to understand that he should return next day. 
He slept at Feltham that night; and left his house 
at Feitham on Saturday evening, about seven 
o'clock, dressed in a drab colouied great-coat, 
boots, and a hat : he did not return to town that 
night, nor on Sunday. This caused alarm, and his 
brother-in-law went to Feitham, and found that he 
left his house on Saturday. A number of persons 
were dispatched to look for htm in different direc- 
tions. After a search of some time, in various parts 
of Hounslow heath, in a ditch situated in a clump 
of trees, at the distance of about five or six hundred 
yards from the barracks at Feitham, the body was 
found with his face covered with blood 5 a violent 
blow seemed to have been inflicted on the back 
part of the head, with a fracture on the forehead, 
and a leathern strap tied very tight around the 
neck j and by the side of the body was found a 
large bludgeon, a pair of old shoes, and an old hat 
n a trimmed 



■B6 



BOLLOWAY* 



tiimmed with worsted binding; at some distance? 
on the other side of the road were discovered 
several marks of blood. The body seemed to have 
been dragged some distance. Diligent search was 
made, but the perpetrators were not discovered* 
Towards the close of the year 1806, information 
was received by Mr. Nares, that a person of the 
name of Hanfieid, who was convicted in this court 
of stealing last sessions, had, while in confinement, 
draped some expressions indicating something 
/itive to this event. Application was made to 
.ae Secretary of State to procure his Majesty's 
pardon for him, he being then under sentence of 
transportation, and not capable of being received 
as a witness in the trial of his accomplices. His 
Majesty was accordingly graciously pleased to 
grant him a full pardon, and a proper officer was 
sent to conduct him from the Hulks at Ports- 
mouth 5 and he was carried up to town, and 
brought before the magistrates at Worship -street. 
The learned counsel then observed, that the evi- 
dence of an accomplice was to be looked to with the 
utmost jealousy and -Caution. This accomplice, he 
said, stood in a different light from all others. It 
was also true, that though he had been convicted 
of felony, he was not now under conviction for 
that offence, for he had received fiis Majesty's 
pardon under the Great Seal 5 and it was their 
duty, by comparing his evidence with other cor- 
roborating circumstances, to give that credit to his 
testimony which appearances might warrant. Mr, 
Gurney closed his speech by entreating the jury to 
proceed with that circumspection which the im- 
portance of the subject demanded, as it concerned 
the lives of the unfortunate men at the bar. Mr. 
Meyer, the brother-in-law to the deceased, corro- 
borated 



HGLLOWAY. IS? 

borated the facts as stated by the learned counsel 
In his opening. He very minutely described the 
particulars as they transpired, and added such 
observations as had since come to the knowledge of 
the relations of the deceased. Mr. H» Manny 
said, he was inspector to the works of the late Mr, 
Steele, at Feltham, at the time this transaction 
took place. He well recollected that Mr. Steele, 
the deceased, was there on Saturday, the 6th of 
November, and that he left Feltham about seven 
o'clock in the evening, with the intention of 
returning to town/ This witness now entered into 
a description of his dress, which corresponded with 
the account given before the coroner. William 
Pugh, who was next called, said, that in the 
month of November, 1802, he was, in consequence 
of a report that the deceased was missing, employed 
to search for the body j that accordingly himself* 
with several others, entered upon a strict search, 
in v.hich they were ultimately successful. That 
the body was found lying at the bottom of a ditch 
near a clump of trees, a short distance from the 
barracks. The witness described very minutely 
the position-of the body, and the wounds that were 
at first perceptible. Mr. H. Frogley, a surgeon, 
of Hounslow, was employed to examine the body 
at the time it lay at the Ship public- house, for the f 
coroner's jury j and he gave it as his decided opi- 
nion, that Mr. Steele certainly died in consequence 
of the violent bruises he received. The witness 
examined the body of the deceased, and found not 
only an extensive fracture on the forehead, suffi- 
cient to occasion death, with laceration of the 
ligaments, but also a great laceration on the back 
part of the head, and some severe bruises on the 
upper part of the right arm. ladeed the horrid 
N 3 and 



138 HOLLOWAYo 

and inhuman perpetrators of this atrocious deed 
seemed to have exercised their utmost cruelty on 
the unfortunate victim, who must, for some consi- 
derable time after they left him, have remained in 
a state of miserable suffering. For the better 
illustration of the testimony adduced 5 a sketch of 
Hounslow-heath (by Mr. Kinnairdjf was now pro- 
duced in court. The king's pardon, under the 
Great Seal, to Hanfield, remitting his sentence of 
transportation for seven years, for a larceny, which 
he. had been convicted of, and restoring him to his 
competency as a witness, was read by Mr. Shelton, 
clerk of the arraigns. Benjamin Hanfield, the 
accomplice, was then examined 5 he said he knew 
Haggerty eight or nine years, and Holloway six or 
seven. They were accustomed to meet at the 
Black-horse, and Turk's-head, public- houses, in 
Dyot-street. Witness was in their company in the 
month of November, 1S02. Holloway, just be* 
fore the murder, called him out from the Turk's- 
head, and asked him if he had any objection to be 
in a good thing? He replied he had not. Hollo- 
way said it was a " No Toby,'* meaning a foot- 
pad robbery. Witness asked when and where* 
He said he would let him know. They parted, 
and two days after they met again, and Saturday, 
the 6th of November, was appointed. Witness 
asked who was to go with them. He replied that 
Haggerty had agreed to make one. They all 
three met on the Saturday, at the Black horse, 
when Hollowaysaid, their business was to *«-sarve" 
a gentleman on Hownslowheath-who he understood 
travelled that road with property. They then 
drank for three or four hours, and about the middle 
of the day they set off for Hounslow. They stopped 
at the Bell public house, and took some porter* 

They 



IfOLLOWAYi 130 

^hey proceeded from thence upon the road to- 
wards Belfont, and expressed their hope that they 1 
should get a good booty. They stopped near the 
eleventh mile stone* and secreted themselves in a 
clump of trees. While there, the moon got up, 
and Holloway said, they had come too soon. 
After loitering about a considerable time, Hollo • 
way said, he heard a footstep, and they proceeded 
towards Belfont, They presently saw a man 
coming towards them, and, on approaching him, 
they ordered him to &top, which he immediately 
did. Holloway wenr round him, and told him to 
deliver. He said they should have his money, and 
hoped they would not ill-use him. The deceased 
put his hand in his pocket, and gave Haggerty his 
money, Witness demanded his pocket-book. He 
replied, that he had none. Holloway insisted that 
he had a book, and if he did not deliver it, he 
would knock him down. Witness then laid hold 
of his teg** Holloway stood at his head, and 
swore if he (the deceased) cried out he would 
knock out his brains. The deceased again said, 
he hoped they would not ill-use him. Haggerty 
proceeded to search him, when the deceased made 
some resistance, and struggled to much, that they 
got across the road. He cried out severely ; and 
as a carriage was coming up, Holloway said, 
* Take care, I will silence the b — — r,* and im- 
mediately struck him several violent blows on the 
head and body. The deceased heaved a heavy* 
groan, and stretched himself cut lifeless. Witness 
felt alarmed, and said, * John, you have killed 
the man •.' HoJloway replied, that it was a lie, fox 
he was only stunned. Witness said he would stay 
120 longer, and -immediately set orF towards Lonf- 
«ion, leaving H©!Joway and Haggerty with the 

body. 



140 HOLLOWAY. 

Witness cime to Hownslow, and stopped at the 
end of the town for near an hour. Holloway and 
Haggerty then came up, and said, they had done 
the trick, and, as a token, put the deceased's hat 
into witness's hand. The hat Holloway went 
down in was like a soldier's hat. Witness told 
Holloway it was a cruel piece of business, and 
that he was sorry he had any hand in it. They all 
turned down a lane, and returned to London. As 
they came along, witness asked Holloway if he 
had got the pocket book. He replied, it was no 
matter, for as he (the witness) had refused to share 
the danger, he should not share the booty. They 
came to the Black-horse in Dyot street, had half a 
pint of gin, and parted. Haggerty went down in 
shoes, but witness did not know if he came back 
in them. The next day he observed Holloway had 
a hat upon his head, which was too small for him. 
Witness asked him if it was the same he get the 
preceding night. He said it was. They met again 
on the Monday, when witness told Holloway that 
he acted imprudently in wearing the hat, as it 
might lead to a discovery. He put the hat into 
witness's hand, who observed the name of Steele in 
it. Witness repeated his fears. At night Hollo- 
way broaght the hat in a handkerchief, and they 
went to Westminster bridge, filled the hat with 
stones, and, having tied the lining, over it, threw 
it into the Thames. Being cross examined this 
witness said, he had made no other minutes of the 
trnnsactions he had been detailing, than what his 
conscience feook cognizance of. It was accident 
that led to this disclosure. He was talking with 
other prisoners in Newgate of particular robberies 
that had taken place ; and the Hownslow robbery 
•dnd murder being stated amongst others, he inad- 
vertently 



tiotLOWAY. lit 

Vertently said, that there were only three persons 
who knew of that transaction. The remark was 
circulated and observed upon, and a rumour ran 
through the prison, that he was about to turn 
' nose,** and he Was obliged to hold his tongue lest 
he should be ill used. When at Portsmouth, on 
board the hulks, the compunctions of conscience 
came upon him, and he was obliged to dissipate 
his thoughts by drinking, to prevent him from 
divulging all he knew. At last he was questioned 
by Sir John Carter: and an officer having arrived 
iroro London, he made a full confession. He ad- 
mitted that he had led a vicious life, that he had 
been concerned in several robberies', and had en- 
tered and deserted from several regiments. He had 
served in the East and West London Militias* had 
enlisted into the 9th and 14th Light Dragoons, and 
had been in the Army of Reserve. He added, that 
he was ashamed and sorry at what he had been, and 
would endeavour to mend his life in future. John 
Vickery stated, that he was an officer belonging to 
Worship-street, and that, irt consequence of in- 
formation received byJohnNares, Esq. the super- 
intendant of the office in Worship- street, he had 
been sent to Portsmouth to bring up Hanfleld, who 
was then confined on board the hulks, waiting to 
be transported with others, pursuant to his sen- 
tence. He was immediately delivered into his cus- 
tody by the captain of the hulks, and they re- 
turned to London. As they passed across the 
heath of Hounslow, on the top of the coach, Han- 
field pointed to a spot near a clump of trees, just at 
the eleven mile- stone, which he said was the place 



* i/e, informer. 

where 



14-2 HOLLOWAY. 

where the murder had been committed ; but they 
had then no further conversation on the subject, 
as they were surrounded by people on the top of 
the coach. Hanfield, on his arrival in town, un- 
derwent an examination j in consequence of which 
he and the witness went together to Hounslow. 
They stopped at the Bell Inn, whence they pro- 
ceeded to the heath ; when Hanfitld again pointed 
out the place where the crime was perpetrated, 
which the witness thought Exactly the same as that 
pointed out by the former witnesses, detailing the 
circumstances of the murder, previous to his 
escape from his companions, in almost the same 
words as he described them to the court. The 
witness and he returned to town. Soon after, the 
witness apprehended Holloway at Brentford, 
during the late election, and brought him to 
town. When he was examined before the pre- 
siding magistrate of Worship-street office, he de- 
clared he was totally innocent; but added, * if 
they would let him go, he would down on his 
knees to both the magistrate and the witness.* The 
prisoner Holloway was remanded for further exa- 
mination. The witness went down to Deal, where 
he apprehended the prisoner Haggerty, on board 
the Shannon frigate as a marine. When the wit- 
ness apprehended him, he was in a very bad state 
of health, so much so, that he was obliged to be 
hft behind, not being able to bear the fatigue of 
removal. The witness took an opportunity of 
asking him, in the presence of his captain where 
he had been about three years ago ? The prisoner 
answered, he was then employed in London as a 
Hay- labourer. The witness then asked him where 
he had been at that time four years ? The pri- 
soner directly turned pale, and would have fainted 



HOLLOWAY. , |4j 

away, had not water been administered to him. 
Soon after, his health was so far restored as to per- 
mit his being removed to town, when he and the 
other prisoner underwent several examinations. 
T. Crolcer, a Bow-street officer, recollected seeing, 
about four years ago, Haggerty and Hanfield to- 
gether, near the Seven-Dials, and in the Turk's 
Head. In this he was corroborated by the state- 
ment of one Limerick, another officer. J. M'Du- 
nald, keeper of the Black Horse, Dyot-street, knew 
both the prisoners, and the prosecutor Hanfield ; 
had frequently seen Hanfield and Haggerty in the 
« v ame box in his tap-room. William Beale, keeper 
of the Turk's Head, said, he had seen them also 
at the same time in his tap-room, but was not cer- 
tain of their being comrades. John Peterson had 
been a pot-boy at the Turk's Head, and had fre- 
quently drawn beer for the prisoners j but could 
not say they were on terms of intimacy together. 
John Sawer lived, in 1802, at Hounslow, at the 
Bell, where he saw the two prisoners frequently 5 
but could not be certain of seeing them in com- 
pany together. John Nares, E-q. the magistrate, 
said, that the prisoners were examined by him 
apart, when Hanfield was produced in evidence 
against them. He then read from a paper the exa- 
mination of Haggerty, in which he denied know- 
ing any thing of either Hanfield or Holioway, or 
being at the Turk's Head or Black Horse, porter- 
houses. Haggerty acknowledged he hat been in 
confinement in July, 1802, in Tothill-fields. Af- 
ter this liberation, he said, he worked for some 
time with Mr. Smith, of Castle street, as a plas- 
terer ; that his working- dress was usually a gvt^n 
velveteen jacket and small clothes. Being con- 
fronted afterwards with Mr, Smith, who denied his 

having 



J 44 HOLLOW AY. 

having ever been employed by him, he ^aid — *. 
? That since they had bothered him so about it, he 
would give them no information on the subject.^ 
The same paper stated, that Holloway had ac- 
knowledged he knew Hanfield and Haggerry ; but- 
liad never drank in their company j had never been 
at Hounslow in his life. He alleged he had, worked 
for a Mr. Rose, and others, in November, 1802, 
which, on application, was found to be inaccurate, 
as he had not worked for them till March, 1803. 
James Bishop, a police-officer, stated, that in the 
fear of the Police-office in Worship-street are some 
strong rooms for the safe keeping of prisoners 
pending their successive examinations. In two of 
these rooms adjacent to each other, and separated 
by a strong partition, the prisoners were separately 
confined, and immediately behind these rooms is a 
privy. In this privy he took post regularly, after 
each suceesMve day's examination ; and, as the 
privy went behind both rooms, he could distinctly 
pverhear the conversation of the prisoners, as they 
spoke pretty audibly to each other from either side 
of the partition. Of this conversation he took 
notes, which were afterwards copied out fairly, and 
proved before the magistrates ; and which he, on 
this occasion, read as his evidence in court. Mr. 
Andrews, counsel for the prisoners, objected to fhis 
sort of evidence, it being impossible, he said, that 
the officers could overhear al| that was said, and 
that the conversations thus mutilated might be 
misconstrued :* besides, the minds of ofiiccis, for 



* The impropriety of reading extracts from letters, 
has been since warmly debated in the parliament house, 
#nd certainly these mutilated conversations were equaL 

the 



HOLLOW AY. 145 

the sake of reward, were always prejudiced against 
the prisoners. His objections, however, were over- 
ruled by the court.] — These conversations run to a 
very considerable length j but the material points 
were few. They shewed, however, from the words 
of the prisoners' own conversation, that all they had 
said before the magistrates, in the denial of any ac- 
quaintance with each other or with Hahfield, was 
totally false, and a mere Stratagem to baffle the, 
testimony of the latter, who they hoped had secured 
his own execution by confessing his guilt, without 
being ab'e to prove theirs, for they were confident 
the magistrates would not believe his testimony; 
and that there was no other witness to prove any- 
clue to the fact, or that saw them together near 
Hounsiow, where, from the whole connected tenour 
of their conversation, it was clear they had been on 
the night of the murder. But one strong point 
seemed to remove every doubt: Haggerty asked 
Holioway, after one of the latter examinations, 
«« Where did Hanfield say we had the gin that 
night, after we came to town ?" To which Hol- 
ioway answered, " at the Black Horse, in Dyot- 
street. ,% Haggerty then replied, " It must be at 
the Black Horse we had the gin sure enough. 1 * 
•—John Smith, a coachman to the Gosport coach, 
in the month of November, 1802, near^ eight 
o'clock in the evening of the above mentioned, 
day, heard, as hepa>sed across Hounsiow- heath, on 
the right- band side of the road, near the eleven 
mile stone, two groans, the last more faint than the 



ly objectionable, for the matter not overheard, or pur-, 
posety suppressed, might have altered the meaning of 
$tae sentences. 

%Q%» iv o other i 



116 HOLIOWAY. 

other; on which he remarked to some on the out- 
side of the coach, that " there was something des- 
perate carrying on there." Isaac Clayton, beadle 
of Hounslow, said, he received a pair of shoes and 
a stick from some person he does not recollect, just 
after the murder of Mr. Steele : he recollected, 
jiear six years ago, seeing Holloway in company 
with a man of the same name, who had a wooden 
Jeg, about the town of Hounslow s and had seen 
him also at Brentford election, and other places. 
The prisoner himself acknowledged he knew him, 
when examined in Worship- street. Joseph Town- 
send, police-officer of Worship street, produced a 
huge knotty bludgeon, a pair of shoes, and a hat, 
which had been given several years ago to Clayton, 
by Hughes, and was delivered to him by Clayton. 
J. Elackman, an officer, knew Hag'gerty seven 
years, Hanfleld five years, and Holloway a year 
and a half About four years ago, he had often 
seen them together at the Turk's Head, when he 
conversed wuh Haggerty, and observed to him he 
liad been lately in a good thing, as his dress was 
much improved ; the prisoner said, he had left it 
it all off now, as he was serving a plasterer, near 
Hounslow. He was dressed in a green velveteen 
ja ketand small clothes, A hat was then produced 
in .court, which had been the property of the ele- 
cta ed, by whom it was given to a servant.- man, 
who had since worn it almost to rags. The hat 
had been very much widened in the wearing, and 
whtn placed on Holh way's head, appeared rather 
too large for him. William Robinson, hatter to, 
the deceased, stated, that the hat must have been 
enlarged by wearing, as he had Mr. Steele's mea- 
sure in 1E02, and could answer for it, that .the de- 
cea&ecTs hat must nearly fit the prisoner Holloway 

.as 



HOLLOWAY* ]47 

as tfieir heads were nearly the same size. William 
Britten, shoe-maker, knew welt the deceased's mea- 
sure, and thought his boots would fit the prisoner 
Haggerty. The shoes produced in court, he said, 
he had tried on the prisoner, and founAl them 
rather too large; but, added, that it; was plain, 
from the manner the hind quarter of the shoe had 
fallen inwards, that they were too large for theii? 
original wearer. The prosecution being closed^ 
the prisoners were called on to make their defence. 
Haggerty protested he was completely innocent 
of the charge, was totally ignorant of the prosecu- 
tor Hanfield, denied ever being at Hounslow, and 
endeavoured to point out some inconsistencies in 
the evidence which had been adduced by Hanfield. 
Holloway declared he was equally innooent of the 
charge; but admitted he had been at Hounslow 
more than once, might have been in the company 
of the piisoner Haggerty and Hanfield, but was 
not acquainted with either of them. The priso- 
ners' counsel then produced, as a witness for the 
prisoners, John Shuter, one of the head-turnkeys 
of the jail, in whose custody Hanfield had been 
for some time. He then proceeded to ask some 
questions, tending to invalidate Hanfield's evi- 
dence; but, as the witness could state nothing" 
from his own knowledge, he was not permitted t& 
be further examined. Mr. Justice Le Blanc sum- 
med up the evidence in a very clear and perspicuous 
manner, making some very humane observations 
upon the nature of the testimony given by accorrv 
plices, recompnending to the jury to divest them* 
selves of every feeling but that of strict justice j 
and to compare with the precision the circumstan- 
tial evidence (which was the only evidence to be 
attained hr most cases of murder, on account of its 
o % usual 



148 HOLLOWAY. 

j 

usual secrecy) with the direct and positive testi- 
ng nv o» the approver Hanfield. He admitted that 
such testimony should be received with -caution; 
yet such strong collateral evidence must have its 
cue weight and influence on their verdict. The 
jury retbed for about a quarter of an hour, and 
returned with a verdict of— Guilty against both the 
prisoners. The Recorder immediately passed sen- 
tence in the most solemn and impressive manner, 
and the unhappy 'men were ordered fdr execution 
on the following Monday morning. They went 
from the bar protesting their innocence, and appa- 
rently carelesS of the miserable and ignominious 
fate that awaited them. The same indifference 
was manifested during the short time allotted them. 
On Saturday, February 21, the cell-door, No. 1, 
in which they were bo^h confined, was opened 
about half past two 5 and upon Mason, the turn- 
key, , asking Holioway, if he should want any* 
thing at lour o'clock, he replied, " Yes, you may 
bring me some tea and toast." Mason then said, 
€t Where's Haggerty V. who immediately and 
cheerfully answered, " Why here I am, where 
else should I be?"* " Why, Haggerty, I did not 
know you," rejoined Mason, " you're shaved and 
quite clean. ,v " Well, suppose I am," answered 
Haggerty laughing, <( rhere'> no harm in being 
clean." They were reading in two prayer-books, 
by candle-light, as ;he celi is very dark. On Sun- 
day, neither of them attended the condemned sermon, 
as in cases of murder the offenders are deprived of 
benefit of clergy, neither does the bell of St Sepul- 
chre toll during the solemnity, of their execution. 
On Sunday, several magistrates interrogated them j 
one of whom, with great acuteness, put the follow- 
ing very forcible and ingenious questions to Hollo 

vv av 



HOLLOWAV. 149 

V?ay : u Why do you not make all the reparation 
to society that remains in your power, during your 
now fleeting existence? You are a roan of courage, 
though perhaps perverted, and should not allow 
your memory to be under the stigma of a foul im- 
putation ; therefore, why not confess. If all the 
world were all to appear for you, I should still be 
convinced of your guilt, though I do"* not think 
that you really meant to murder Mr. Steele 5 but 
that the crime was occasioned by the sudden and 
unexpected arrival of the Gosport coach. Am I 
rl^ht? 1 ' (speaking quick purposely.) Holloway 
(suddenly.)— *« Well, I will say — (then, after an 
awful pause) — Never mind, I'm innocent." The 
magistrate. — t( Did you murder Mr. Steele?" Hol- 
loway.-—" No j I did not.'" The magistrate. — ■ 
'* Were you present then, ordo you know any thing 
of rhe transaction ? To this truly important question 
Holloway made no answer j and, wheneve? the same 
question was reiterated, remained silent. During the 
whole of Sunday night, the convicts were engaged in 
prayer, never slept, but broke the awful stillness of 
midnight by frequent protestations of reciprocal 
innocence. At five, they were called, dressed, and 
shaved, and about seven were brought into the 
press- yard, where Lords Sefton, Pagett, and Kin- 
Daird, Mr. Wilson, Alderman Flower, Sec. Sec. 
were assembled. There was some^dijficulty in 
knocking off the irons of TT -ig£trty ": he volun-^ 
tarily assisted j though he seemed much dejected, 
but by no means pusillanimous. A message was 
then delivered to the sheriffs, purporting that Hol- 
loway wanted to speak with them in private. This 
excited very sanguine expectations of confession; 
but the sheriffs, on their return, intimated to the 
gentlemen in the re-ss-vard, Uiat Holloway wanted 



150 MOLLOWAT# 

to address them publicly; and therefore requested 
they would form themselves into a circle, from the 
centre of which Holloway delivered, in the most so* 
lemn manner, the following energetic address: — 
ff Gentlemen, I aria quite innocent of this affair. I 
never was with Hanfieldj nor do I know the spot, 
-I will kneel and swear it."" He then knelt down, 
and imprecated curses on his head if he were not 
Innocent^ and expressed, " By God, I am innocent. 1 ' 
Owen Haggerty ascended the scaffold. His arms 
were pinioned, and the halter round his neck : he 
wore a white cap, and a light olive shag great coafS 
he looked downwards, and was silent. He was at- 
tended by the Rev. Mr. Griffith, a Roman Catho- 
lic clergyman, who read to him, and to whom the 
unfortunate culprit seemed to pay great attention • , 
lie made-no public acknowledgment of either guilt, 
or innocence. After the executioner tied the fatal 
noose, he brought up John Holioway, who wore' a 
smock-frock and jacket, as it had been stated by 
the approver that he did at the time of the mur- 
der : he had also a white cap on ; was pinioned, and 
had a halter round his neck : he had his hat in his 
hand , and, mounting the scaffold, he jumped and 
made an awkward bow, and said, " I am innocent, 
innocent, innocent, by God !" He then turned 
round, and bowing, made use of the same expres- 
sions, cc Innocent, innocent-, innocent I Gentlemen /— « 
No verdict I No verdict I No verdict ! Gentlemen 
■r — Innocent! innocent!" . At' this moment, and 
while in the act of saying something more, the 
executioner proceeded to do his'_omce, by placing 
the cap over the iace of Holioway 5 to which he 9 
with apparent reluctance, complied j at the same 
time utt ring some words. As soon as the rope 
was fixed round hi> neck, he continued quiet. He 
was attended in his devotions by the Rev. Mr. 

Knight, 



HGLLOWAY. \5l 

Knight, assistant at the Rev. Rowland-Hill's chapel. 
The last that mounted the scaffold was Elizabeth 
Godfrey. She was a woman of the town, aged 
34, who had been capitally convicted of the wilful 
murder of Richard Prince, in Mary-le-bone parish, 
on the 25th of December, 1806, by giving him a 
mortal wound with a pocket knife in the left eye, 
of which wound he languished and died. Imme- 
diately on receiving sentence, this woman's firmness 
and recollection seemed to fail her, and she ap- 
peared bordering upon a state of phrenzy. At the 
place of execution she was dressed in white, with a 
close cap and long sleeves, and was attended by the 
Rev. Mr. Ford, the ordinary of Newgate; but her 
feelings appeared to be so much overpowered, that 
notwithstanding she bore the appearance of resig- 
nation in her countenance, her whole frame was s# 
shaken by the terror of her situation/ that she was 
incapable of any actual devotion. They were all 
launched off together, at about a quarter after 
eight. It was a long' time before the body of the 
poor female seemed to have gone through its last 
suffering. The crowd which assembled to witness 
this execution was unparalleled, being, according to 
the best calculation, nearly 4.0,000 ; and the fatal 
catastrophe, which happened in consequence, will 
cause the daylong to be remembered. By eight 
o'clock not an inch of ground was unoccupied in 
view of the platform. The pressure of the crowd 
was such, that before the- malefactors appeared, 
numbers of persons were crying out in vain to 
escape from it : the attempt only tended to increase 
the confusion. Several females of low stature, 
who had been so imprudent as to venture amongst 
the mob, were in a dismal situation: their cries 
were dreadful. Some who could be no longer sup- 
ported 



152 HOLLOWAY. 

ported by the men, were suffered to fall, and were 
trampled to death. This was also the case with 
several men and boys, In all parts there were con- 
tinned cries of ?nurder ! murder! particularly from 
the female part of the spectators and children, 
some of whom were seen exphing without the possi- 
bility of obtaining the least assistance, every one 
being employed in endeavours to preserve his own 
life. The most affecting scene of distress was seen 
at the end of Green-Arbour- court, nearly opposite 
the Debtor's door. The terrible occurrence which 
took place near this spot, was attributed to the 
circumstance of two- piemen attending- there* to 
dispose of their pies, and one of them having his 
basket overthrown, which stood upon a sort of 
stool with four legs, some of the mob, not being 
aware of what had happened,, and at the same time 
severely pressed, fell over the basket and the man 
at the moment he was picking it up, together with 
its contents. Those who once fell were never more 
suffered to rise, such was the violence of the mob. 
At this fatal place, a man of the name of Herring- 
ton' was thrown' down, who had in his hand his 
youngest son, a fine boy about twelve years of 
age. The youth was soon trampled to death : the 
father recovered, though much bruised, and was 
amonpst the wounded in St. Bartholomew's hospital* 
/i woman, who was so imprudent as to bring 
with her a child at the breast, was one of' the 
number killed j whilst in the act of falling, she 
forced the child into the arms of the man nearest to 
her, requesting him for God's sake to save its life : 
the man, finding it required all his exertion to pre- 
serve himself, threw the Infant from him, but it 
was fortunately caught at a distance by another 
UVM1, who, finding it difficult to ensu.tc its safety or 

his 



KOLLQWAT?. 15 



his own, got rid of it in a similar way. The child 
was again caught by a person who contrived to 
struggle with it to a cart, under which he depo* 
sited it until the danger was over, and the mob had 
dispersed. In other parts the pressure wasso great, 
that a honible scene of confusion ensued, and seven 
persons lost their lives by suffocation aione. It was 
shocking to behold a large body of the crowd, as 
one convulsive struggle for life, fight with the 
most savage fury with each other i the consequence 
was, that the weakest, particularly the women, 
fell a sacrifice. A cart, which was overloaded 
with spectators, broke down, and some of the 
persons falling from the vehicle were trampled 
under foot, and never recovered. During the 
hour the malefactors hung, little assistance could 
be afforded to the unhappy sufferers $ but, after 
the bodies were cut down, and the gallows re- 
moved to the Old Bailey Yard, the marshalls and 
constables cleared the street where the catastrophe 
occurred, and, shocking to relate, there lay near 
100 persons dead, or in a sta:e of insensibility, 
strewed round the slreet. Twenty seven dead 
bodies were taken to St. BartholornewVhospital ; 
four to St. Sepulchre's church 5 one to the Swan on 
Snow-hill ; one to a public house opposite St. 
Andrew's church, Holborn 5 one, an apprentice, 
to his. master's, Mr. Broadwood, piano- forte 
maker, Golden-square 5 a mother was seea 
carrying away the body of her dead boy 3 Mr. 
Harrison, a respectable gentleman, was taken to 
his bouse at -Holloway. There was a sailor- boy 
killed opposite Newgate, by suffocation : he Car 
ried a small bag, in which he had some bread and 
cheese, as it is supposed he came some distance 
20 behold the execution. After the dead, dying. 



X54? H01L0\fAY. 

and wounded, were carried away, there Was a cart* 
load of shoes,, hats,, petticoats, and other articles 
of wearing apparel, picked up. Until four o'clock, 
in the afternoon, most of the surrounding houses 
had some peison in a wounded state: they were 
afterwards taken away by their friends on shutters, 
or in hackney-coaches. The doors of St. Bartho- 
lomew's hospital were closed against the populace. 
After the bodies of the dead were stripped and 
washed, they were ranged round a ward on the first 
floor, on the woman's side ; they were placed on the 
floor with sheets over them, and their clothes^put as 
pillows under their heads 5 their faces were un- 
covered : there was a rail along the centre of the 
room: the persons who were admitted to see the 
shocking spectacle went up on one side, and' re- 
turned out on the other. Until two o'clock, the 
entrances to the hospital were beset with mothers 
weeping for sons! wms for their husbands! and 
sisters for their brothers! various individuals for 
their relatives and friends! Seldom has such a 
scene of distress and misery presented itself in this 
metropolis ! When the gates were opened, a great 
concourse was admitted ; and when the yard' was 
full, the gates were again closed, until the first 
visitors retired from this scene of woe : as soon as any 
of t'ie deceased were recognized, the body was either 
put into a shell, or the face covered over, with the 
name of the party written on a paper, and pinned 
over the body. The next day (Tuesday), a coro- 
ner's inquest sat in St. Bartholomew's hospital on 
the remains of the sufferers. Several witnesses were 
examined with respect to the circumstances of the 
accident, which examination continued till Friday, 
when the verdict was, "That the severalpersons came 
by their death from compression and suffocation." 

HONEYMAN, 



II ON KY MAN. > 155 

HONKYMAN, WILLIAM, alias' INNES, 
ALEXANDER, (forgery) called the young 
Swindler, having commenced a career of dissipation 
at an earlier period than usual, to support wjiichhe 
had recourse to nefarious practices. He w j s a^ genteel 
young man of good connections at Portsmouth, 
but or such bad principles, that at the early age of 
sixteen, he was obliged, on account ot his miscon- 
duct, to withdraw from Sheerness to Rochester, 
where he staid some short time at the Silver Oar. 
Here, having been seen one day, he was invited 
by some gentlemen to partake of their dinner, 
which was nq sooner over than they perceived he 
had no money, and .appeared dejected, and, upon 
interrogation, he confessed his name and needy 
circumstances: the company* much to their credit, 
agreed to supply him with money, and he was 
kept there till his friends were made acquainted 
with his situation j when, according to their de- 
sire, he was forwaided to London. He returned 
some time after to the Silver- Oar, saying he had 
•been to sea, ordered a dinner, and treated his 
former friends. Afterwards he took a route to the 
west of England, following his nefarious practices. 
However, on the 1 8th of November, 1805, under 
the name of Alexander Innes, J| captain in the navy, 
he was brought to Marlborough street Police- 
office, in custody of an officer belonging to Surrey, 
to answer to a charge preferred against him by Mr. 
Jeff, a liveryman, in Silver-street, Golden square. 
Mr. Jeff stated, that the prisoner called at his sta- 
bles on the 9th of November, representing himself 
as the person above described, and residing at No. 
49, Howland street, and hired a chesnut mare to 
go to Richmond. The mare was never returned ta 
her owner 5 and after % week had elapsed, Mr. 

, Jef 



$5$ ' HON E.Y MAN"* 

Jeff suspected he had been swindled. He conse- 
quently went to the given address, and had there 
further call of suspicion ; for the house was a bro- 
thel, and he was only known, as having slept there 
one night. In consequence of some information 
Mr. Jeff had received, he went to the house of an 
eminent tradesman in the Borough, where, it was 
said, the prisoner was known, having drawn 
money by bills, &c. Mr.' Jeff was" there informed 
of the circumstances alluded to, and that Capf. 
Innes had sent thither a mare from the country, 
which had been attended with unpleasant circum- 
stances. The parties, however, said they knew 
but little of the prisoner. He was detected by 
calling at the Gloucester Coffee-house, Piccadilly, 
which house he had frequented with a person of 
the name of Kennesley, who left it without dis- 
charging his bill. The prisoner called to enquire 
after his friend, and, on leaving the house, two of 
the waiters followed him, suspecting him to be the 
person who had been advertised for by Mr. Jeff. 
At a convenient spot, near Vauxhall, the waiters 
gave him in charge of an officer. It was stated to 
the magistrates, that the prisoner had been at the 
Castle, at Richmond, wheie the waiter was refused 
his bill ; but, by assistance, the visitors were de- 
tained, and a watch was left as security for the bill. 
Mr. Jeff had never heard of his mare, but it was 
reported she was at Andover, Hants. When at 
Richmond, on Sunday, at the Castle-Inn, he was 
informed that a mare, answering the description of 
the one hired, was sold on Wednesday last at 
Croydon, to a butcher at Richmond ; but he had 
Hot an opportunity of seeing her, the butcher 
being from home. On the prisoner being ques- 
tioned respecting what he had done with the mare, he 

merely 



HQffEYMAN. 157 

merely answeted, he bad spoken to Mr. Jeff on 
that subject. He was dressed in the first style of 
fashion, and his person was well known in the 
lobby at the theatres. The next day the concourse 
of people that assembled at Mari borough street 
office was immense. Several , naval officers at- 
tended, for the purpose of proving that there are 
only two captains in the navy of the name of Innes z 
ihey are brothers, and gentlemen of the highest 
respectability ; the one, Alexander, is now cap- 
tain on board the Eurus frigate, in the Cove of 
Cork j and the other, John, is a prisoner in 
France, having been taken in the Ranger. Seve- 
ral persons intimated their intentions of exhibiting 
charges against the prisoner on the next examina- 
tion, which took place November 21. Numerous 
fresh charges were accordingly adduced against him j 
and it appeared by the evidence, that an insinuating 
confident address, with a commanding person, had 
enabled him to enter the circles of gentlemen, 
whom he is said to have defrauded, as well as 
trades-people, inn -keepers, &c. in town and coun- 
tiy. The horse he hired. of Mr. JefThad been traced 
to George-yard, Drury lane. John Rich, ostler 
to Mr. Cartwright, Camden place, Piccadilly, 
staled, that the prisoner hired a brown gelding six 
weeks since, in the absence of his master. He said 
be resided in St. James's- street 5 that he merely 
wanted to ride out for two or three hours, and on 
his return he would send the horse home by his ser- 
vant. He, however, never returned, nor had the 
horse ever been heard of. A person in the office 
(Mr. Nuns) informed Mr. Cartwright, that ahorse* 
answering the description he had given, was left at 
his livery-stables, Vauxhall, on the 14th of Octo- 
ber, and he believed, by the prisoner. He hired a 
p horse 



353 honeymaK. 

horse and chaise of Mr. Nun s, ana left the horse m 
his care until he should return^ which event never 
took place. The prisoner said his name Wag 
Becket, and that he resid ed at Gravesend. Mr, 
Nuns finding the prisoner; did not return, went to 
Gravesend, and Mr. Bechet proved to be a ban- 
ker, who informed him, that a person answering 
the description of the prisoner had forged on his 
bank. Mr. Nuns had travelled 3 or 400 miles after 
his horse and chaise; a,nd at length, by an adver- 
tisement, be received a letter, stating that the 
horse was at Alton, Hants, and the chaise was at 
Horiiton, Devon, the prisoner having teft the horse 
as he had done at other places, and hired a fresh, 
one. It was proved by another witness, that the 
prisoner had committed depredations in the West 
of England, by representing himself as a Mr, 
Pigeon, son of M.r. Pigeon, belonging to a distii- 
lery firm in the Borough. By this imposition, 
affecting to be travelling on account of the firm, 
he was v^vy successful in obtaining money, by 
swindling bills, &c. In this part of the country- 
he drove about in a post-chaise and four, associated 
with the best company, joined their hunting parties, 
and became the complete man of fashion. At 
Exeter he drove through the town a week before 
the news of the victory over the combined fleets, 
as a naval officer, with dispatches from the fleet. 
The gentlemen belonging to a subscription house, 
and the leading men of die town, desirous of hear- 
ing good news, politely requested to be informed 
if the news was good. The prisoner, who repre- 
sented himself as the son of Lord Mulgrave, as- 
sured them it was good new?, and that 'it was from 
the hero Nelson. The gentlemen were desirous c£ 
further information 5 but fearing to put the ques- 

8 ' tion 



HONEY MAW. 133 

Hon too pointedly, the}'" asked, if it equalled the 
business of the 'Nile r The prisoner replied, s< The 
Nile Is a fool, to it;" and he immediately drove 
off, having diffused joy throughout the town, A 
■number of other charges were preferred against 
Iiim. A gentleman positively proved the prisoner 
to be an impostor, in representing himself as Cap- 
tain Innes. The prisoner said his name was Innes, 
and he was addressed as a captain by naval cha- 
racters. On being questioned by the magistrates, 
if he was ever in the navy, and what rank he held ? 
The prisoner replied, " He was a midshipman in 
the Magnanime, of fixty- four guns, but he had 
not been in the service since the last war, He was 
before that in the Active, of thirty two guns." He 
was remanded again, to give country people an 
opportunity to attend ; and on the day appointed, 
the office was crowded so excessively, that many 
who repaired thither to take a view of the prisoner 
were disappointed. Among other circumstances, 
Hamilton, the officer, stated, that he was audio- 
xized by the gentlemen of the Gravesend Bank, to 
state a circumstance that recently occurred there, 
the complainants being unable to attend this exa- 
mination : the prisoner, in the name of Charles 
Young, presented to them a bill of exchange for 
Sol, purporting to have been drawn u,pon Sim- 
mons and Co. at the Canterbury Bank, for which 
lie received cash and notes, and it was soon after- 
wards discovered to be a forgery. There was also* 
another serious charge against the prisoner, for a 
transaction dining his tour in the West of England* 
It has been already stated that the prisoner dif- 
fused joy throughout the town of Exeter, by pro- 
claiming a victory, said to have beeu-gamed by the 
departed hero Nelson, a week before tliat of Tra- 
p a falgar« 



160 HONEYMAK^ 

i 

falgar. He also, it appeared, represented himself 
as the bearer of the joyful tidings when the glorious 
victory was obtained. Being on the Portsmouth 
road when Lord' Fitzroy was travelling to the Ad- 
miralty with the important news, and having ob- 
tained some slight information respecting it, or at 
least that his lordship was going- with dispatches 
to town, he immediately ordered a post-chaise and 
four, and was driven after the messenger at full 
speed. Oh his entering the town of Basingstoke, 
his chaise was suiTOundtd by the multitude., wlao 
were more ready to be imposed on, a ray of hops 
ihaving spread itself that a victory had been gained* 
In the habit of a naval officer, the prisoner went to 
the Bank, called himself Lord Fitzroy., drew icoL 
in his name, and gave a forged draft. He apolo- 
gized to the gentlemen of the Bank for the sudden 
intrusion, and ail-edged -that his cash was insuffi- 
cient to carry him to the Admiralty. This Impo- 
sition was soon detected, the prisoner was followed 9 
and the money recovered. On his being asked if 
lie had any thing to say, he replied he had not in 
hh present disagreeable situation. Having beesi 
fully committed to take his trial, and soon after 
removed to Maidstone (the forgery having been done 
in Kent,) he was then indicted (Match zr, iSo5> 
for feloniously and falsely making, forging, and 
counterfeiting, and feloniously uttering and pub- 
lishing as true, at Gravesend, a certain false* 
forged, and counterfeited bill of exchange, for the 
saim of eighty pounds, purporting to have bee& 
drawn by one Charles Young, and to be directed 
to Messrs. Simmons, Poley, and Co. at Canterbury, 
with intent to defraud John Brenchley, Chariei 
Becket, and George Hich, of Gravesend. He 
sdso stood indicted , upon the oaths of John Rich, 

and 



HONEY MAN. 161 

and others, with stealing one brown gelding, the 
property of Edward Cartwright. He also stood 
indicted upon the oath of Richard Nuns, with 
stealing at Lambeth, in the county of Surrey, one 
black, mare, a chaise, and harness, his property. 
On the first indictment, it appeared he came to the 
Giavesend Bank, and represented himself as a 
person under the tuition of Mr. Stevenson (stew- 
ard to the Earl of DarnJey), for a knowledge of 
agricultural improvement, which afterwards proved 
to be false. The fraud on the Bank being sub- 
stantiated by the clerk, the jury, after a little 
deliberation, found the prisoner guilty ; and being 
found guilty upon the sSrst charge, thejudge would 
not try him on the. others. From the time of the 
judge's passing sentence on him, and informing 
him he could not expect any mercy, the crime 
being so great an offence ; he became much 
dejected and behaved himj.eif in a very becoming 
manner. On the 28th of March, this unfortunate 
young man wrote &i letter from the ceils to the 
Gravesend Bank, acknowledging the crime laid to 
his charge, thanking the pro->ecutors for their 
humanity in recommending him to the judge for 
mercy, and requesting they would sign a petition 
to the King ; which had been done before, but 
which the prisoner was not aware of. He stated 
in his httter, that he was deranged at the time of 
committing the fact. He also said it had ever been 
his fathers wish to train him in the world to 
friendiy society. He made the following speech a-t 
the place of execution, from a written paper, which 
he gave to a friend, upon his request: — " For my 
own part*- 1 confess, with the greatest c- ntrition, 
the crime which has brought me to this horrid 
place/ and admit the justice of my sentence* whiU 

F 3 I am 



l&S IIONEYMAN. 

I am sinking under its seventy ; and I earnestly 
exhort you all, my fellow prisoners, and young 
men at liberty, to acknowledge the offences you 
have been guilty of, and to bequeath to your 
-country that confidence in public justice,* without 
which there can be neither peace nor safety in tfets 
-world. As few of you suffer for the first offences, 
It is necessary to enquire how far confession ought 
to be extended. Whatever good remains, in our 
power we must diligently perform. We . most 
prevent, to the utmost of our power, al}/ the evil 
consequences of our crimes. We must forgive all 
who injure us. We must, by fervency of prayer, 
and always praying to God in constancy and medi- 
tation, endeavour to repress all worldly passions 5 
and generate in our minds that love of goodness 
.and hatred of sin, which may fit us for the society, 
<of heavenly minds 5 and, finally, we must com- 
mend and trust our souls to him that died for the 
sins of men, with earnest wishes and humble hopes 
that he will admit us with the labourers who en- 
tered the vineyard at the last hour, and associate 
us with the thief whom he pardoned on the cross. 
Thus, we humbly trust, our sorrowful prayers and 
tears will be acceptable in thy sight* Thus shall 
we be qualified, through Christ, to exchange this 
dismal body and these mneasy fetters for the 
glorious liberty of the sons of God, and shall our 
legal doom upon earth be changed into^a comfort- 
able declaration of mercy in the highest heaven, 
and all through the most precious and al! sufficient 
merits of the Dieted Saviour of mankind. I wish 
you all the happiness that this land affords, die 
enjoyments of life in all its branches. You, my 
brothers and sisters, will, I hope, take caution of 
&e young a man as I am, whose years are only 

eighteen, 



1IONEYMAK. 163 

©Tgliteen, and to think that I should suffer this 
ignominious and awful death before so many of 
you. Our happiness or misery only begins when 
we die. It is but your sins that can make you 
afraid of dying. It concerns us more than our life 
is worth, to know what will become of us when we 
die." This speech, which was spoken in a manly 
and distinct tone, made a deep impression on an 
unusual number of spectators (many of whom were 
soldiers). Shortly aftei he seemed to reflect on the 
jury, and the severity of the laws of this country, 
by saying, " So young a man as he was, might 
liave been useful by being sent abroad ;* ? because 
the petition had been presented, and interest made, 
in vain, to his Majesty,- to save his life. He 
behaved, however, with the greatest decorum at 
the place of execution, praying in a most peninent 
manner till the fatal platform fell from under him. 
He suffered in a pair of list slippers, with James 
Danes (who was convicted at the Kent assizes, of 
burglariously breaking and entering the dwelling- 
house of the Rev. Joseph Andrews, at Maiden, in 
the county of Kant, and stealing therefrom twenty 
shirts, 20I. in money, and other articles to the 
amount of 150I.) Samuel Clarke, alias Hagger, 
convicted of breaking into the shop of John 
Elliott, watch-maker, at Ashford, on the 25th 
January, and stealing therein divers watches, chains, 
seals, &c. and of having the same in his possession ; 
and John Staines, who vias found guilty of stealing 
two Welsh heifers, the property of Edward Back, 
of Mersham. Danes had been a smuggler, well 
' known in the county of Kent, having lived at 
TrottesclirTe, where he left a wife and four children. 
Clarke, whose friends lived at Rochester, had been 
a master's mate on board a man of war $ his cha- 
racter* 



113& , ffOOK. 

racter was notorious, having, it is said, rctamed. 
from transportation : he declared himself, how- 
ever, innocent of the charge for which he was 
condemned : Staines likewise made the same decla- 
ration. These four malefactors died sincere 
penitents. 

HOOK, SAMUEL, alias CARPENTER, 
JOHN, (horse-steal er), who among his asso- 
ciates had acquired the familiar appellation of 
Hell-fire Jack, was the youngest -son of Richard 
Hook, a master carpenter, of Tunhridge Welis, 
in the county of Kent. The old man had four 
sons and one daughter, viz. Charles, Richard, 
James, Samuel, and Sarah, all of whom turned 
out very bad, except Charles, who, it is supposed 
led. a very good life. The daughter married one 
Jacob Johnstone, and soon after died in the work- 
house, in the parish of Speldhur^t, in the year 
1781-2. Sam, when a youth, was exceedingly 
forward; he sought the company of the most idle 
and disorderly hoys, never attended any religious 
place of worship, and soon disregarded the com- 
mands of his superiors. He went from home, and 
engaged in the smuggling line, with a master of 
th^ name of John Carpenter, whose name he after- 
wards assumed. He was always a friend to the 
smugglers, and for a glass of gin, and a small gra- 
tuity, never was backward to retake, either in the 
road or 6ut or a stable, any horse or property 
whiclvthe excise-officers might have seized. His 
conscience thought this mode or proceeding na 
robbery, but that it was a friendly piece of service 
to restore the former owner his supposed property. 
Once a smuggling vessel, with a full cargo, had 
arrived at Upnor- Castle, in Kent, when Hook, 
who was always alert, flew to the spot, and ren- 
dered 



HOOK* 165 

itvtd his assistance to disperse the cargo in all 
directions ; for no man knew the bye-roads better 
than he ; and although this cargo brought profit 
to many, yet to an individual it was attended with 
the loss of his waggon and horses, which were 
seized on this occasion. After a series of smug- 
gling and informing, and sometimes stealing thft 
tubs from his mates, being at last fined by the 
justices, he was sent to Maidstone gaol, about the 
year 17855 and whilst he was there, a detainer 
was lodged against him f r a felony, but of which 
lie got clear At another time, this notorious 
fellow, and one of the name ot Edward Chapman* 
met a man on the road near Tunbridge- Wells, 
named Croft* and so ill treated him that his life 
was in danger : it was thought they did this with. 
an intent to rob him, from which they were after* 
"wards deterred. They both made their escape, 
but a reward was offered to apprehend them 5 and 
having been taken at or near Lamberhurst, in 
Ivem, and committed to Maidstone to take then* 
trials at the quarter- sessions, they were bo:h found 
guilty, and confined in bridewell Chapman, after 
became out of confinement, died. Mrs. Hook, 
soon after the first imprisonment of her son Samuel, 
broke her leg, which occasioned a mortification, of* 
which she died. Mr. Hook also failed in his busi- 
ness : for some time after, he worked among his 
friends in the carpentering business ; but at last* 
through distress, was obliged to go into the parish 
workhouse at Tunbridge; where, shocking to 
relate, he banged himself! James, his son, en- 
listed in the marines, but deserted, and a reward 
was offered to apprehend him. Richard, the other 
son, enlisted for a soldier, and also deserted. For 
five Or six years, Sam took u p his residence at 

Giavesend* 



*66 HOOK. 

Gravesend, where hi? chief employer once !iveo*« 
Here he was entrusted by an apothecary to ride his 
horse to a fair, and dispose of it to the best advan-. 
tage : Jack pel formed this to the tyest advantage ; 
for he sold the horse., and kept the money. On 
the aSth of July, 17&8, this audacious offender 
•was apprehended by Mr. John Tilden, constable, 
and Mr. Martin While, late proprietor of a 
Oreenwich coach, and committed to Maidstone* 
gaol by W, Cruden, esq. mayor of Gravesend, 
under the name of John Hyder, alias Lion Hook, 
for stealing a horse, the property of — — Stretfoo, 
of Plaxtool. He was also charged, on the oath of 
Joseph Turner, with stealing from his orchard, in 
the parish of Tunbridge, a black horsey and also 
charged on suspicion of stealing from a field at 
East Bourn, in Sussex, a grizzle gelding, the pro- 
perty of Edward Noakes; and having been found 
guilty at the assizes, sentence o^ death was passed 
on him, but he was reprieved for transportation* 
Accordingly, on the 4-th of December, 17S9, he 
was sent off for Botany- Bay, for seven years 5 
where he stopped till 1798, and then returned again 
into his native country, bringing with him 4®o 
guineas. However, he could not cease visiting 
Tunbridge, where, lying about without employ, 
he was soon suspected, and apprehended on a sup- 
posed robbery 5 but no sufficient proofs appear jng 
against him, he was set at large. About this tinve 
he took a mistress to a public house in Chatham, 
where, having slept, he accused his bed-fellow of 
robbing him of a watch and money, whereupon 
she was taken into custody, but dismissed, because 
$am himself had been in the interim apprehended 
for horsestealing. Indeed he used to brag he was 
fch*? .owner of sixteen horses; but it seems this num- 
... fee 



HOOK* l6*t 

bcr did not content him, for on the 12th of 
August, 1804, he stole from Mr, Richard Jefferies, 
of Bidborough, in the county of Kent, a broken- 
kneed bay gelding, about fourteen hands high, 
which lie sold at" Mt. Boyle's, the Wool-pack, 
Chatham, for thirteen guineas to Mr. Stephen Day, 
proprietor of the Gravesend tide-coaches. For 
this robbery he was apprehended, and committed 
to gaoi by Mr. George Gunning, a respectable 
magistrate of the county, to be tried at Maidstone. 
He was also charged with stealing a grey mare, the 
property of Edward Everist, of the parish of St. 
Paul's Cray, in the county of Kent, which had 
been bought of John Coveney, of Milton, near 
Sittingborne, and when owned was in possession of 
s riding officer. The witnesses not being ready on 
the first charge, the judge proceeded to the second, 
when the jury soon found him guilty, and sentence 
of death was pronounced in the most awful manner 
hy the learned Sir Giles Rooke, knt. one of the 
judges of the Court of Common Pleas. Durin^hiV 
confinement in the cell of Maidstune-gaol, he was 
visited by several who had lost their horses ; but 
©nly one out of the immense number of seventy,, 
which he had stolen was ever recovered. It is 
said, that he meant to disclose many robberies, but 
bis incapability of writing probably prevented 
bim.- — He was ordered for execution with James 
Dransfield, George Kenedy, Richard Bat low, 
Martin. Moody, and Peter Gardner. — Dransfield 
was convicted of a rape. This offender, only 23 
years of age, -was born at Helm, near HudJersfield,. 
Yorkshire. His father was a miller in the clothing 
line, and was employed af the fulling-mills there, 
where his mother endeavoured to add her pittance 
towards their living, by carding and spinning. 

Jjarnes. 



J6f noon*. 

James, the son, was a private in the West York 
militia, and for some time bore the character of an 
honest quiet young man. Unfortunately he. became 
addicted to liquor, and in a fit of inebriation was 
guilty of the offence for which he was afterwards 
indicted. The prosecutrix, Mary Masters, a servant, 
was a fine young woman, and gave her evidence very 
distinctly. Kennedy, a native of Manchester, Barton 
and Mo6dy, born at Lechford, Hampshire, were three 
privates in the guards, and were convicted of assault- 
ing and dangerously wounding, on the 14th of No-- 
vembc r, 1 804, on the king's highway, between Sand- 
wich and Deal, George John Piercy Leith, and fe- 
loniously robbing him of a quantity of bank notes, 
a silver watch, and some money. Barton begged 
hard for his life, and after the judge left the town 
h-e was respited. Gardner was born at Walmer in 
Kent, and bred a tailor. He had frequently been 
in different gaols for different offences. At length 
he was charged on suspicion of feloniously breaking 
open (in the day-time), on Wednesday the 26th of 
September, 1804., the dwelling-house of Richard 
Hayes, in the parish of Shipborne, and stealing; 
therein a blue, white, and yellow striped gown, a 
pair of blue and white cotton stockings, and other 
articles, the property of William and Mary Stone. 
He also stood charged, on the oath of Fanny, the 
wife of William Hunt, of Seal, labourer, with 
having broken open the dwelling house of the said 
William Hunt, and stealing therein a piece of red, 
white, and chocolate coloured figured cotton, for 
a gown not made up, a patch work bed quik, a 
new sheet from the bed, a dimity petticoat, ami 
other articles, the property of the said William 
Hunt. He moreover stood charged on suspicion 
#>f having feloniously broken o\>sn the dwelling. 

house 



HOOK. .169 

house of Richard Clifton, of Seal, and stealing 
therein one dark printed cotton round gown, with' 
a yard of printed cotton of the same pattern, one 
sheet from the bed, a white dimity petticoat, and 
othei articles, the property of the said Richard 
Clirton. Having been round guilty on those 
charge -, he received sentence of death at the age 
or thirty one j and his wile, by whom he had one 
child, having been also concerned with him in the 
above robberies, was confined in Dart ford gaol for 
six months. On Thursday, April 4, 1805, these 
five unfortunate malefactors were conveyed from 
Maidstone gaol in a waggon to. Pennenden heath 
for execution. The levity of Sam Hook, now 
called Jack Carpenter, was highly reprehensible j 
for upon the waggoifs passing a butcher's shop, 
he desired the butcher to save him a joint for' the 
morrow. A pous spectator endeavoured to ^ con- 
vince him of the awful moment j but his abrupt 
answer to him, and the great crowd of people 
assembled about the waggon, rendered this Chris- 
tian s humane intention fruitless : however, ar the 
place, of execution, he was not averse to join in 
prayer with the minister, or to join in the psaim a$ 
repeated by Gardner, when the ropes were round 
their necks : Sam's conduct was that of boldness. 
He desired to make a- public s eech* — •' I am one, 
said he, with two others, who robbed Mr. Two~ 
penny's office at Rochester (tor which Mr. Sharp, 
a publican, of Rochester, was taken up and sent 
to gaol) j but 1 shall not 'mention their names. I 
had eighty one guineas for my share; but I had 
only half-a-guinea for my share of what I am now 
going to die for. The seals taken from Mr, 
Twopenny's will be found buried at the Beacon, 01^ 
q^ Chatham- 






170 HOOK. 

Chatham-hill*: If Mr. Sharp Is here, I should; 
like to shake hands with him." A person in the 
crowd said, "Mr. Sharp was not there. " " It" 
Mr. Sharp will call on William Day, at the gaol, 
he will hear something." Sam remarked, that the 
gaoler used to ride a grey horse : he now shook 
hands with the gaoler, and asked if the coffins 
were there. He then nodded to an acquaintance, 
and said, " Good bye, Sam Roe, God Almighty 
bless you all !" and with the greatest resolution 
pulled the cap over his face, waiting to be 
launched into eternity ; but the platform not going 
down as he expected, he pulled the cap up again, 
and said, " Is Mr. Sharp here ? I should like to 
shake hands with him." Mr. Sharp being now- 
present, went and shook hands with him $ when 
Sam declared his own guilt, and Mr. Sharp's inno- 
cence, and seemed to be more satisfied and easy 
than before. He desired the executioner to pull 
his legs, and a minute or two after the drop went 
down. He was dressed in a brown jacket, with a 
small nosegay in it, and had on a dirty leather-like 
brteches. After hanging the usual time, he was 
put into a good elm coffin, with double yellow- 
nails ; the initials of J. C. and his age, thirty-six, 
were on the lid. DiaiTsfield likewise behaved in a 
peculiar-manner while passing to the place of 
execution : he frequently nodded and shook his 
head at the women, while a smile on his counte- 
nance took away that gravity which the -solemn 
occasion required. He, however, died penitent, 
but made no speech. Kennedy and Moody be- 

* Persons were immediately employed to dig about 
tkis place according to this information, but the seals 
(which were of considerable value) were never found. 

haved 



HURLE, 171 

haved with due propriety $ the latter, a tall, stout 
man, owned the justness -of his sentence, but com- 
mented on part of the evidence given against him 
as not strictly correct. He begged the spectators 
to take warning by him, declaring he had partici- 
pated in many robberies, and having soon spent the 
ill-gotten money in drink among bad women, con- 
tinually returned to his former evil practices. iC I 
see," added he, " my improper conduct too late, 
but I hope I am not too late to goto heaven." 
Gardner also behaved serious at the place of exe- 
cution, and died very penitent. 

HURLE, ANNE, (forgery,) was a young 
woman, aged 22, of a very interesting appearance; 
her character, however, as appears from the present 
ease, was that of an artful dissembler, and is a 
melancholy proof that the female mind, if once 
tainted with vice, can be capable of the basest acts. 
This unfortunate woman was capitally indicted at 
the Old Bailey, Jan. 14, 1804, for having forged, ut- 
tered, and published, as true, in the city of London, 
a letter of attorney, with the name of Benjamin 
Allin thereunto subscribed, purporting to have been' 
signed, sealed, and delivered, yby a gentleman of 
that name, residing in Greenwich, in the county 
of Kent, a proprietor of certain annuities and 
stock> transferable at the Bank of England, 
called Three per cent. Reduced Annuities, for 
the purpose of transferring the sum of 500I. of 
said annuities to herself, with an intent to defraud 
the governor and company of the Bank of Eng- 
land, against the statute. George Francillon, a 
stock-broker, said, he was acquainted with the 
prisoner at the bar for five or six months, and 
if collected her applying to him on Saturday the 
2©th ©f December last, at the Bank Coffee house, 

%z ami 



172 



KTTRLE. 



and requesting him to take out a po>*^r of attor- 
ney for the sale of ,500/, reduced. jShe^told the 
witness it was to he taken out of the stockxf a 
Mr, Benjamin Ailirt of Greenwich, who, she sauV 
was an elderly gentleman y that she had been brought 
up in his family from her infancy, and that her 
aunt had been for many years hou^e keeper and 
nurse to Mr. Allin. The prisoner then said, 
that this 500/. stock was a gift made to her by Mr. 
AlJin, for her great attention to him during her 
stay at his house. The witness, on hearing this, 
took out a power of attorney from the Bank- 
office, and delivered it to her that same day, 
which he desired her to take to Greenwich,' in 
order to get it executed. She told the Witness <he 
would have it executed that afternoon, and return 
with it on the Monday morning, in order to 
transfer the stock into her own name. She accord- 
ingly brought back the dted on -Monday morning, 
at eleven o'clock', executed in the name of Ben- 
jamin Allin. (The deed was here shewn to the 
witness, who atre^ted it a* being the same which 
the prisoner brought to him.) He then .desired her 
to wait a few minutes, till he went to the proper 
o cer at the Bank, in order to have the power 
passed ; and as she had said she was inclined to sell 
the stock, he told her he would enquire the price 
of it in the market, and let her know. Having 
left the power ot attorney at the Bank, he leturned 
in about twenty minutes afterwards, and the 
clerk of that oifice told him, that Mr. Bateman, thfc 
clerk who passed the powers, desued to see him. 
He accordingly went, in company with the^ pri- 
soner, to th.tt gentleman, who said that the signa- 
ture of Benjamin Allin differed from that gentle- 
mans hand writing, which they had at the Bank. 

Trtf 



IIURtE. 173 

The witness told Mr, Bateman he did not know 
Mr Ailin; that he only knew Anne Hurle, wke 
applied for the power of attorney. She, on being 
questioned by Mr. Bateman, said, she had been 
brought up in Mr. Allin's family from a child ; 
that he was a very old man, nearly ninety years of 
age, in a very infirm state of health, and, if the 
hand-writing differed, she could account for it in no 
other way* but by his not being accustomed to 
writing, which might occasion some difference in 
the signature j but, if it was necessary, she said 
she would take out a fresh power of attorney. Mr. 
Mr. Bateman said it would be a pity to put her to 
additional expence in getting another j and that as 
he had some recollection of an acquaintance with 
Mr. Peter Verney, a cheesemonger in Greenwich 
f whose name he saw on the deed as a witness), he 
told her she might take it to that gentleman, and 
get him to certify what he (Mr. Bateman) would 
write upon the power of attorney. Mr. Bateman 
accordingly wrote the words . " The within Ben- 
jamin Ailin has been for many years personally 
known to me." He then delivered the deed to the 
prisoner, and they parted. On leaving Mr. 
Bateman'' s office, the witness questioned her more 
particularly, and pressed her to give some account 
of herself. She said she had been married a few 
days before. When the witness heard this he 
expressed his surprize, and told her, that if she 
was married, the power of attorney ought to have 
been taken out in her married name, and not in 
her maiden name, and that a fresh power would 
on that account alone be necessary. She then told 
the witness she was very sorry she had dropped 
any thing about her being married, as she had. 
every reason to believe that her marriage was not a 
good one. On being questioned by the witness 
Q % relative- 



u 



4 HO RLE, 



relative to it, she gave him the following partlcuv 
lars i she said, , that in going down to Bristol in 
the stage coach, a man of the name of James 
Innes, after a few days acquaintance, paid bis 
addresses to her, and said that he would many 
her; that she had agreed to the proposal, and that 
a marriage accordingly took place. The witness 
asked her, what church they were married in ? To 
which she answered, that they were not married at 
a church, but at a private house, and that it was 
on an afternoon. She said, she soon, however, 
found out, that the character of this man, Innes, 
was very bad ; and within two hours after the 
marriage, he took ail the money she had with her, 
and even part of her clothes, and left her altoge- 
ther ; that she afterwards heard he had entered on 
board a ship, and likewise that he was a married 
man, previous to his marriage with her. On her 
return to Greenwich, she acquainted her friends in 
what manner she had been used by Innes, and she 
said that all of them, and Mr. B. Allin, requested 
of her to go by her own name of Anne Hurle, as 
$he certainly was not lawfully married. Nothing 
further passed between the prisoner and the witness 
on this occasion : but she took the power of 
attorney, and said she would see him again on 
Tuesday morning. After she had left the witness, 
he was not satisfied in his own mind, whether she 
was actually married or not, and not wishing to 
run any risk, in identifying a married woman as a 
single woman, or a single one as being married, 
he called on Messrs. Owen and Hicks, attornies, 
who had recommended her t$ him j but they could 
give him no information on that point. She re- 
turned at the appointed time with the power of 
attorney, signed on the back " Peter Verney, 
cheesemonger/'' Jtie again delayed settling the 

business 



HIT RLE. 175 

business, and put her off till Wednesday, intending - 
in the mean time to make further enquiries con- 
cerning this power of attorney. Having found 
out where her father was, he went to him and told 
the circumstance, and they both went to Green- 
wich that same afternoon. They were soon con- 
vinced of the deception. On the Wednesday he 
went to the Bank very early to call on Mr. 
Newman, of the Reduced office j and, in going 1 
through the Rotunda of the Bank, he observed the 
prisoner, and a man with her, standing near to the 
door. He said to her, <f You have come very- 
early this morning j I'll be with you in a minute j'' 
and immediately left her. He did not see her 
again till apprehended. After mentioning the 
circumstanees to Mr. Newman, he accompanied 
that gentleman to the Accountant General's office, 
and afterwards to the directors of the Bank, to 
whom the witness delivered up the power of 
attorney. Mr. Thomas Bateman; inspector of 
letters of attorney at the Bank, swore to the power 
of attorney shown to him, as he had put a mark at 
the corner of it. On this witness stating his ob- 
jection to tl^e signature when the prisoner called at 
his office along with tlielast witness, she said she 
expected it would be so, and that Mr. Allin had 
httn so long out of the habit of writing, that her 
aunt had to sign all his drafts on his banker. The 
deponent observed to her, that peihaps her aunt 
had also signed the power of attorney. To this 
she replied, " No, you'm'ay depend upon it that 
Mr. Allin has signed it himself." The deponent 
then said to her — " If I may put the question, 
what is this old gentleman going to do with this 
500/?'' To this she answered, that he was going 
to make her a present of it, for the great attention 
she had for many y&ars paid him, an4 that her 

ami 



TIS HURLE. 

stint was willing lie should do so. He then inquired 
of her how the power of attorney came to be in such 
mutilated state, it being torn across, and wafered 
together. She gave as a reason, that just as it was 
going to be executed, the dog in Mr. Allin's 
house had got hold of it, and torn it ; but if that 
was any objection to the paper, she would take out 
a fresh one. The witness recollecting some ac- 
quaintance with Verney, one of the witnesses, 
asked her if she knew him ? She said she did, and. 
that he had been many years cheesemonger to the 
family. He observed to her, that if Verney 
would certify what lie (the witness) would write on 
the back of the deed, he should then take the 
matter into further consideration. He accordingly 
wrote a certificate on the back of the 6ttd 9 
relative to Mr. Vemey\s personal knowledge of 
Mr. Allin, and gave it to the prisoner to get 
signed Since that time he had had no conversa- 
tion with her. Benjamin Allin said, he resided at 
Greenwich, and had a person of. the name of Jans 
Hurle in his service, and knew Anne Hurle, her 
neice, but had not been much in her company, nor 
in any company whatever. On being shewn the 
povierof attorney, he deposed, that it was not 
hh hand writing, and that he had not signed any 
paper whatever since'- the first day of December, 
He had no occasion to sign any papers, but 
receipts to receive money from his bankers : he had 
not written his name at full length for several year* 
past: he never_authorized person to sell his stock. 
Did not know Peter Verney by name, though he 
•might, perhaps, know him by sight. Had seen a 
St person of the name of Nowland (the other 
"alledged witness to the deponent's signature), 
but could not say, that he had ever executed any 
&Q<;d in that person'* presence, On being asked, if 



HlJHLE. 177 

ne ever signed any paper in presence of Peter 
Verney, this witness, who was quite superannuated, 
answered, ' O Lord, I do not know that ever I 
did : Oh, no, I did not: if T did, can't those 
persons come and say it V When he had occasion 
to sign papers, they were commonly presented to 
him by Jane Hurle, his housekeeper, an old lady, 
who attended to all his affairs. Peter Verney, a 
cheesemonger at Greenwich, said, that he never 
saw Mr, Benjamin Allin till this morning, as that 
gentleman always confined himself to his house; 
he farther deposed, that his hand writing was not 
on the power of attorney shewn him. Thomas 
Nowknd deposed, that he never saw Mr. Allin 
but once, and that was about twelve years ago, 
when he was removed from one house in Green- 
wich to another. He knew the prisoner perfectly 
well, being related to her. His name on the (\gqA 
was not of his hand- writing. Jane Hurle, aunt of 
the prisoner, said, she had resided twelve years in 
Mr, Allin's family as a house- keeper and attendant 
on him. She generally presented all papers for his 
signature. Had not seen her neice at Mr. Allin's 
house since Michaelmas last. Could not say that 
the signature on the power of attorney shewn her, 
was of Mr. AUin's writing, but it was like it, 
though she never saw him write . the name of 
Benjamin at full length $ never saw either of the 
witnesses mentioned in the Jeed at the house of Mr. 
Allin, and they could not have access to him 
withowt her knowing it. From her earliest 
knowledge, Mr. Allin had confined himself to his 
lodging, and she believed he had done so for no 
less than fitty years,. The prisoner was now called 
on for her defence, but she made none, saying, 
she left it to her counsel* No witnesses were ad- 
duced 



17$ KURLE. 

duced to speak hi her behalf. She was muctt 
affected, and fainted twice during the trial. The 
juiy, after delibeiating'a short time, returned a 
verdict of — Guilty. The learned Recorder, previous 
to his pronouncing the awful sentence of death, 
observed, that f her offence was greatly aggra- 
vated by her choosing to practise her forgery 
tipon an old infirm man, who was in a great mea- 
sure incapable of attending to his own concerns. 
The crime of forgery is in itself peculiarly heinous 
in this country, where so much business is done by 
means of writings; and the funded property, so 
Widely diffused, must be guarded with the utmost 
vigilance of the law.'' For eight days previous to 
"her execution this unhappy woman had taken but 
little nourishment; and her feelings, while attend- 
ing the condemned sermon preached on the pre- 
ceding Sunday, were so great, that she was several 
times deprived of sensation, and supposed to be 
dead. Her father, mother, and other relations 
were with her during those gloomy hours, the 
whole of whom -he embraced for the last time. A 
petition was presented to His Majesty on her 
behalf 5 and an answer was returned, that she need 
not entertain hopes of mercy, her crime being of 
that magnitude that admitted of no other alternative 
than the execution of the law. She attempted to 
protract the fatal moment by pleading pregnancy, 
and so contrived to baffle the skill of, the women 
appointed to examine her, that they could not 
come to any satisfactory decision. In order, there- 
fore, to decide the point, the sheriffs had recourse 
to the judgment and experience of Doctor Thynne, 
whose report negatived the plea of the prisoner. On 
the morning appointed for her execution (Feb. 8, 
*8o4) she was dressed in black, appear d pale* 

and 



Jackson. 17f 

and incapable of regarding with attention the hor- 
rors ofher situation. She was brought out of the 
debtor's door in Newgate at fight o'clock. The 
mode of execution by 1 the drop having been for 
the present changed to that of the common gal- 
lows, she was put into a cart, and drawn to the 
place of execution in the widest part of the Old 
Bailey, where she expiated her offences in penitence 
and prayer. When the halter was fixed, she 
seemed inclined to speak, but her strength evi- 
dently failed her, and she was incapable. Her ap* 
pearance upon the whole excited emotions of 
compassion among the spectators, who became at 
last so clamorous, that the sheriff, in a loud 
voice, described to them the impropriety of their 
behaviour; after which they were more silent. She 
suffered with. Mathusalah Spalding, who'Avas con- 
victed of an unnatural crime, December 2, 1803. 
The caps having been pulled over the faces of the 
sufferers/ the cart drew away. As it was going, 
Anne Hurle gave a faint scream, and, for two 
or three minutes after she was suspended, appeared 
to be in great agony, moving her hands up and 
down frequently. An amazing concourse of spec- 
tators were collected on the occasion, all of whom 
commiserated the fate of the wtfman j while that 
of the wretch who pissed for a man, excited sentl* 
ments of a very dhierent description. 



J. 

JACKSON, JOSEPH, (forgery,) a young 
man (aged only 23,) of genteel appearance, and 
what must render his untimely end stiil more deplo- 
rable, a husband and a father, was an advertising 

broker 
1 t 



ISO Jackson. 

broker, and was tried at the Old Bailey, July 4, 
1804, before Mr. Justice Lawrence, for forging 
the indorsement on two bills or exchange, of the 
value of 1300/. and 1200/. on Leai mouth and 
Lindsay, and with uttering and publishing the 
same, knowing them to be forged, with intent to 
defraud John Brown, Esq. The first witness, Mr. 
Akers, a merchant in the Adelphi, stated, that in 
Consequence of Mr. Brown being in want of cash, 
lie had been recommended to the prisoner, for pro- 
curing the same for a bill of 2500/ . He met Mr. 
Brown and the prisoner at a coffee- house in Change- 
alley, on the 16th of March, where Jackson re- 
ceived a bill of 2500/. which was accepted by 
Messrs. Leaimouth and Lindsay. The prisoner 
left them, and another meetnig was appointed 
at Baker's coffee house; the bill having for the 
convenience of being cashed, being made into one 
of 1300/. and one of 12.00/. The bills were de- 
livered to Jackson, in the presence of the witness, 
who wrote the receipt, which was signed by the 
prisoner. The bills were not indorsed, but the 
prisoner engaged to bring a person A who should 
produce the money, or he would ictum the bills at 
£ve o'clock. Witntss remarked, that he could 
»ot be in the city at that hour, but desired the 
pri oner to come to his house at the Adtlphi, 
where Mr. Brown would receive the money. A 
boy, in the employ of the prisoner, came to the 
house of the witness, and was sent back with a 
Verbal answer. Mr. Brown then went away, and 
witness did not see him again until the next day. 
The prisoner came to witness's house soon after the 
verbal answer had been returned to him, and stated, 
that he was disappointed in getting money for the 
bills 5 but that, if he would let them remain in his 

possessica 



JACKSON'. ISi 

possession until nine o'clock the next morning, he 
Could easily obtain the money. Witness consent- 
ed to the proposal, and appointed another meeting 
the next day, at Baker's coffee-house. Witness, 
with Mr. Brown, attended, but the prisoner was 
not there. At three o'clock, Mr. Coombe came to 
them, and, in consequence, they went to the house 
of Newnham and Co. bankers, to stop the notes. 
The prisoner could not be found. G. Knapp, 
clerk to the prisoner, proved his hand-writing in 
his letters to Mr. Brown, on the subject of the notes. 
He saw his master the last time at twelve o'clock 
on the following day, in Gracechurch-street. Mr. 
Coombe, of Queen-street, Cheap-ide, had known 
the prisoner about three weeks prior to the 16th of 
March. In the course of conversation with him, 
he said that he had a sum of money to raise for a 
Mr. Brown, whom he represented as a merchant 
well known in the West- India trade, and who had 
purchased a large estate in the country, for which 
he had made a deposit, and agreed to pay an instal- 
ment at a certain time. The prisoner added, that 
he would pay 15 per cent, discount on the bills, at 
nine months. Witness replied, that he could do 
nothing with the bills at so long a date, however 
respectable, but suggested, that the prisoner might 
purchase goods, which he might pay for with the 
bills, and lose but trifling, at a ready-money mar- 
ket, on the re-sale of them. It he, th« prisoner, 
was satisfied of Mr. Brown's responsibility, he 
would recommend him to a house where to purchase. 
Witness made application for a quantity qt Irish 
linens, amounting to the sum of 2530/. to the firm 
of Webbter and Corbet, in Friday-street, which 
the witness informed him he would sink, 20 per cent, 
by. The prisoner told him, that would be a mat 
fQh. iv. ' k ter- 



182 JACKSON; 

; ter. -of: ; indifference, as Mr. Brown would amply 
compensate him for the ready-money, as well as 
jnake him an acknowledgment, whereby he would 
be enabled to assist the witness in his. concern. The 
linens were purchased, and the two bills were given. 
Witness took the two bills to Corbet's house. He 
saw the prisoner about half an hour afterwards-, 
and informed him that ail was right. Webster 
then assured the prisoner, that the bills must bein^ 
dorsed before the goods could be delivered : the 
prisoner took the bills with him for that purpose. 
.He soon after returned with the bills indorsed. 
Witness, saw the prisoner soon after, who informed 
him that Mr. Brown had been angry with him for 
sending his boy with a note 5 but, on an explanation 
on his part, all was right, and Mr. Brown and his 
friend Akers were satisfied. The bills were then 
paid to Corbet, and the linens were sent to the 
warehouse of the witness ; from whence they were 
sold, and jdeliyered to the house of Rickaby and 
Co. in Gratechurch street, foi 2000/. on account 
of which 'the .prisoner received 1800/. in notes, as 
part 5 the balance of which was to be paid on the 
linens having been inspected. Witness then went 
to Baker's coffee house, where he saw Mr. Brown. 
The prisoner was not there, hut witness addressed 
himself to Mr/Brown, and informed him of Jack- 
son having proposed to meet him, They then re- 
paired to the banking house, to stop the notes, but 
were too late. Witness was secured, but after- 
wards liberated, on swing his word to appear. 
The clerk at Messrs. Newman's proved that the 
prisoner received a 1000/, bank-note, No. 335, in 
part-payment of the check ; and the purchase of 
the linens, and the re-sale to Rickaby and Co. was 
also proved by the respective parties. Mr. Nalder, 



JACKSON*. 183 

the city marshal, brought the prisoner from Ire- 
land. In their passage, the prisoner asked the 
witness if he had got the memoranda taken from 
him when he was apprehended ? The witness re- 
plied that he had. The prisoner then said, that 
he was not guilty of the forgery, and should pro- 
duce an instrument that would prove his innocence. 
He confessed his poverty had induced him to ab- 
scond with the money. The memoranda referred 
to were then read, and were descriptive of the pri- 
soner's journey from London to Ireland. He had 
minuted them down to the following effect:-— 
<c With a mind distracted beyond description, I 
attempt to write down my wanderings . On Sa- 
turday, the 17th of March, I left London in a 
hackney-coach for Kensington : I there hired a 
post-chaise, and travelled on to Bristol, where C 
arrived on Sunday at." three in the afternoon. 
Poor Fanny* was extremely distressed and fa- 
tigued. I went to the Talbot inn, and ordered 
supper. Crossing Queen-square, I accidentally 
met with a gentleman going to Ireland \ and at 
eleven o'clock that night went on board the packet 
called the Graces, and immediately sailed for Dub- 
lin. We were dreadfully sea-sick on the passage, 
and on Tuesday night slept at Dublin. Here I 
met with a waiter who changed my guineas, and 
oh the Saturday following left Dublin for Innis- 
kiilen, where I anived on Monday. 1 ' Here the 
manuscript stopped, as the prisoner was taken a 
lew days after. Mr. Nalder was again called 'up, 
and produced a 1000/. bank-note, No, 335, which 
he had taken out of Mrs. Jackson's tippet, that 



* Mrs. Jack so. 1. 
R Z 



IS4» Jackson. 

day fortnight. It was the same the prisoner had 
received at Messrs. Newman and Co's. Major 
Allen and several other witnesses were then exa- 
mined, to shew that Mr. Brown could not have seen 
Jackson on the evening of the 16th of March, nor 
have possibly indorsed the notes in question. 
Messrs. Lindsay, Akers, Charity, Moreton, and 
Hamilton, also declared, upon oath, that they did 
not believe the indorsement to be of Brown's 
hand-wrting ; at the same time they confessed* 
that another signature affixed to a memorandum 
shewn to them by the prisoner's counsel, was very 
like Mr Brown's, and they could not swear that 
it was not his hand writing. This memorandum 
was a receipt, apparently signed by Mr Brown, 
which was meant to be read in the prisoner's vindi- 
cation. The judge called upon the prisoner for his 
defence, who replied, that he kh it to his counsel ; 
but, on being informed ihat his counsel were not 
permitted to address the jury in his behalf, he spoke 
as follows.-—" I did not know the speech in de- 
fence would have devolved on me, and am incapa- 
ble of addressing you with effect, having furnished 
jny counsel with ample documents to prove my 
innocence. I have only to state one simple fact, 
and that is, I have not committed forgery. Had I 
been charged \v th the felony of converting the 
money to my own use, I should have submitted in 
silence 5 but as I am charged with a capital crime, 
upon which I can expect no mercy if I am con- 
victea, I am anxious to relieve myself from a charge 
wholly unfounded. I met Mr. Brown by appoint- 
ment, and he indorsed the notes. 1 know, if I am 
cast, that I shall soon be in the presence of my 
Maker, and with that knowledge I solemnly de- 
clare* by all my future hopes, that I never forged 

S the 



JACKSON. 185 

the indorsement. I say this not merely to extricate 
myself; for let your verdict be for or against me, I 
am equally a ruined man^-my char icter is indelibly 
stained, and my reputation for ever blasted} but t 
have a wife and infant, whose existence depend on 
my fate. — I have parents, whose happiness or mi- 
sery depend on my innocence or guilt. You will 
say, my innocence cannot be proved by my asse- 
veration only ; that is true 5 but you may believe 
me, that my heart tells me I ought to be acquitted. 
If otherwise, I mibt submit, conscious there is a 
higher tribunal, where my innocence will be mani- 
fest. I shall therefore rely upon your will to do 
justice, and know you will decide virtuously and 
conscientiously." The prisoner observed, that he 
could not help complaining of the prosecution for 
not calling Mr. Brown 5, and as for the friends he 
had subpcened, he supposed they had abandoned 
him to his ruinous fate. Thejudge observed, that 
the prosecution could not call on Mr. Brown, but 
that he might, if he thought proper. The prison- 
er's counsel then put in the receipt above alluded 
to ; and on its being read, it purported to be a re- 
ceipt given by Mr. John Brown, on the 27th of 
March, 1804, for fooi, received of ., the prisoner, io 
part-payment of the money raised on the two .ac- 
ceptances entrusted to the prisoner to get discount- 
ed. The receipt appeared to. have been witnessed, 
but the name was torn off: on this the counsel for 
the prosecution called up Daniel Simon Merceroi*,' 
(a clerk in a respectable house in the city,.) who 
stated his knowledge of the prisoner, and that he 
.had witnessed a receipt given by a person calling 
hin .self John Brown, but that person was not the 
prosecutor. He added, that the prisoner had threat- 
ened his life since his confinement if be M& wot 
e 3 < • ■ -comd 



1S6 JACKSON, 

Come forward in his behalf, and swear the fact. 
He had obtained the original receipt signed, and 
had torn it : the one produced had been made since, 
and the prisoner requested him to witness it as be- 
fore, bat he had refused. The judge asked the 
prisoner, if he had any thing to say as Co the addi- 
tional evidence produced against him? He replied 
in the negative! upon which the judge summed up 
in a very humane way, and the jury, after flvemU 
Suites deliberation, found the prisoner guilty of 
uttering th£ bill, knowing the indorsement to have, 
been forced. He was ordered for execution with 
Thomas Bucknell, aged twenty-six, who, July 6, 
was convicted of uttering a forged bank note, 
knowing it to be false and forged. This man, it 
appeared in evidence, went to the Brill public- 
house, in Somers Town, in company with three 
men and two women «: the men had liquor, and the 
women tea, which the prisoner paid for in a forged 
bank-note. He then went to Brentford fair, 
where he passed three others 5 the one in payment 
for half a pound of ham, the other at a grocer's, 
and the third with a poor fellow in payment for 
some gingerbread-nuts. In attempting to pass ano- 
ther he was appiehended. When the inferior offi- 
cers of justice attended to conduct these malefac- 
tors from their, cell to the scaffold, they found both 
Jackson and Bucknell in a situation which too 
clearly indicated that they had attempted to destroy 
themselves They had taken poison 5 but it was 
cither not of sufficient virulence, or had not been 
administered in such a way as to destroy life. It 
only produced a sort of lethargy, but not to that 
degree as _to prevent the unfortunate men from 
feeling the wretchedness into which their guilt had 
plunged them. They suffered July z6 } 1804, and 

were 



JACKSON — INNIS. 187 

were obliged to be supported on the platfoi;m by 
the executioner and his assistants, who observed, 
that they had never seen men quit life with less 
courage. The weak state to which they had re- 
duced themselves, rendered their passage to eter- 
nity but of short duration : they expired without 
a struggle ; and after being exposed the usual 
time, as an example to others, their bodies were 
delivered to their friends for that decent interment, 
which hajfji their suicidal attempt succeeded, the 
rigour of the law would have denied them* , 

INNIS, LAWRENCE, (murderer) was a 
Greenwich pensioner, about 50 years of age, of a 
brutal and ferocious disposition, affording a very 
striking example of the evii effects of an irascible 
vindictive temper. The circumstances as appeared 
on the trial which came on at the Kent assizes, held 
at Maidstone, March*! 7, 1803, are briefly as fol- 
low :.. — John Price, for the murder of whom Law- 
rence Innis was indicted, was also a,pensioner in 
Greenwich hospital. James Miller, another pen- 
sioner, whose birth was in the Clarence ward, said 
that his cabin was next to that in which the de 
ceased slept. That on Tuesday night, the 20th 
of January, just as he was in bed, he heard the pri- 
soner and the deceased come up the gallery toge- 
ther : they were talking. The deceased said to the 
prisoner, 'goto bed, and then there will be no 
more ©n't.' The prisoner replied, * I won't.' The 
prisoner then went away to ths fire-place in the hall, 
but soon returned to the cabin door of the deceased, 
an t ral led out, 4 Price ! Price ! Jack 1 Jack P 
Theatceased did not answer. The prisoner went 
awa^^but returned a second time, and called out 
as before. The deceased then answered him, and 
said to the prisoner, * you will prepare to appear 

before 



I S3 INN IS. 

before the Captain of the Month to-morrow.— -X 
have you upon the complaint, for striking me to* 
day at the Tyger's-head, in London-street.' To 
this the prisoner replied, c then' you have done me, 
have you ? hut d — n you, 1*11 do you in return.' 
The prisoner accompanied these words by a blow 
which knocked the deceased down. The deceased 
called out * murder !* upon which the witness 
jumped out of bed, and the prisoner was secured ; 
and the next morning he was carried before the 
committee, and mulcted two months' tobacco- mo- 
ney for his ill-behaviour. This was the morning 
preceding the night of the murder. As he came 
out of the committee room, he said to the witness, 
'Millar, you have borne false witness against me, 
but I hope to God I shall live to seek revenge, * 
On the same evening he did not see the prisoner till 
eleven o'clock ; he then saw both Price and Innis 
go to their cabins. After he had been in bed a 
short time, he heard the prisoner come out of his 
cabin, and go to the cabin of the deceased. From 
that he went to the fire-place in theiiall as fast as he 
could go. He returned a second time to Price's ca- 
bin* He staid a second or two, and then again went 
to the fire place, and once more returned to Price's 
cabin. In a little time he heard him shut the door 
softly, and thought no more of it, till about a quar- 
ter of an hour afterwards, Bryan came to him, and 
told him for God's sake to get up, as the boat- 
swain (Price) was murdered. John Haw ford, ano- 
ther pensioner, corroborated this account ; and 
James Bryan stated that he lay in the same cabin 
with the deceased ; they were talking together not 
ten minutes be lore the murder happened. The 
prisoner's cabin was nearly opposite to his. This 
Witness heard the prisoner open their door softly, 

and 



1NNIS — KIRWAN. 1S9 

and he looked in, they appeared both asleep. As 
soon as he looked in, he went away towards the hall 
fire- place. He had on a great coat, and two night 
caps. He came back, and when he came in their 
cabin, he looked at witness attentively. He again 
went away, and returned with the poker. He turn- 
ed, and gave witness another attentive look, and im- 
mediately after struck Price four or six heavy 
blows on the head. At the first blow; his head 
crashed, but the witness did not know whether the 
others hit him. As soon as he had done this he again 
turned and looked at witness, but he lay still as 
though asleep. He then went out, and hauled the 
door softly after him, but did nor lock it. As soon 
as he was gone, witness got up, and gave the alarm, 
and the prisoner was secured. James Curran, ano- 
ther pensioner, described the state in which he found 
the deceased The prisoner (who seemed very little 
affected during his trial) said in his defence, that 
witnesses were in a conspiracy against him. The 
jury without any hesitation found him gmity, 
and the learned judge immediately proceeded to 
pronounce the sentence of the law, and this male- 
factor accordingly suffered on Pennenden-heath, 
the following Saturday, March 19. His body was 
afterwards brought to Greenwich hospital for dis- 
section. 

INNIS, ALEXANDER. See Hon-eyman. 



K 

KEARNEY, EDW. See Hawley, H. 
KEENAN, THOMAS. See M'Intosh, J. W. 
KENNEDY, GEORGE. See Hook, Samuel. 
KETTAN, JOHN. See Rourke, F. 
KIRWAN OWEN. See Hawkley, H. 

LARG- 



19® I^KGHArf. 

L 

LARGHAN, ELIZABETH, (murderer) 
the wife of JamesLlarghan, a private in the 18 th 
light dragoons, who was convicted at the Chelms- 
ford assizes, before Mr. Baron Hotham, March 8, 
1804.J of the wilful murder, of her female infant 
chiid ; this was not the usual case of the murder of 
a bastard child, and therefore entitled to our atten- 
tion The prisoner was a very decent-looking wo- 
man, about 30 yean* of age. The facts, though 
few, were very conclusive, having been proved 
by the landlady of the Sawyer's- arms public- 
house, at Colchester, and her servants. James Phil- 
brick, the surgeon, stated, that he was called in on 
the 13th of July, 1803, when he was shewn the 
chiid, which from appearances, he undertook to 
say had been born alive. A string was tied round 
the neck, by which the vessel of the head was very 
turgid, and the eyes much blood shot. The liga- 
ture had also caused a livid mark all round the 
neck. The bag was very much blooded, which 
would not have been the case if the child had been 
dead- born. She then told him, that her husband 
had often upbraided her with his being reproached 
by his comrades, that she was with child before 'he 
married her, and that the child, of which she was 
pregnant, was none or his : and that, in order to 
keep the secret of her delivery from her husband,' 
she had tied the string round the infant's neck to 
prevent its crying. Mr. Baron Hotham addressed 
the jury with his usual humanity on behalf of the 
accused, and observed, that this was not the case 
which usually occurred, of the death of a bastard 
child : but was one in which the indictment charged 
the prisoner with the murder of her child, with- 
out 



LARGHAN— MAYCOCK. 191 

out those motives which sometimes lead to the com- 
mission of that crime. He told them, that before 
they found a verdict of guilty against the prisoner, 
they must be convinced in their own minds that 
the cliiid was born alive, and that it perished by 
the wilful act of the prisoner ; for if it was born 
dead, or came by its death accidentally, though the 
prisoner was not aware of its death, and applied 
the string, meaning to destroy it, yet, if she'did not 
in fact perpetrate that intention, they must acquit 
her. The jury deliberated about half an hour, and 
then returned a verdict of Guilty. The learned 
judge, in a short but feeling address, passed the 
sentence of the law upon the prisoner, that she 
should be hanged on Saturday morning next 
(March ioth,) and afterwards her body to be dis- 
sected and anatomised. The prisoner was a very 
decent-looking woman, apparently about 30 years 
of age. During her trial she was much agitated, 
and after the verdict seemed nearly insensible. She 
was reprieved till the 21st of March; when, at the 
place of execution, she behaved in a very penitent 
manner. - 



M 

M'CANN, JOHN, See Rourke, Felix. 

MAYCOCK, JpHN, (murderer,) a robust 
looking man, aged about 24, was a corn-porter, 
though, at the time of his trial, he wore a seaman's 
watch-coat. His conduct, both previous to, and 
at the place of execution, exhibited a most uncom- 
mon degree of hardened depravity. He, together 
with John Pope, was charged with the wilful mur- 
der of Mrs. Anna Maria Pooiev r at Saint John's, 

South* 



]$2 MAYCOCK 

Southward, August 10, 1806. This act of bar-* 
bar#y was fully brought to light, in about six 
months after it was committed. The trial came 
on at the Kingston assizes, March ao, 1807, when 
the case was opened by Mr. Knowlys, who stated, 
that it was one of the most aggravated nature, 
and perpetrated in the most deliberate manner, for 
the sake of plunder. The jury could have no 
doubt of the guilt of one of the prisoners, because 
the circumstances which he had to lay before them 
were of so strong a nature. From the compunc- 
tions of remorse with which one of the prisoners 
(Pope) had been visited, he had disclosed the 
whole of the guilty affair 5 and he trusted that, in 
the moment of need at another tribunal, he might 
find mercy. The learned counsel then detailed the 
evidence which he meant to adduce, and proceeded 
to call his witnesses: the first of whom was 
Mrs. Sarah Pooley, sister of the deceased, who 
stated, that her sister lived in Free- school- street, 
Horsleydown, in a very retired manner ; the house 
being almost constantly shut up, and no servant 
attending. The last time she saw the deceased was 
on the- 26th of July, when she carried her the divi- 
dend due on her stock, which amounted to 12/. 
This sum she paid her in six 2/. notes of the Bank 
of England, all new. Having been informed of 
the murder, she procured a Mrs. Garrett to exa- 
mine the house. John Mackrill Garrett deposed, 
that, on the 20th of August, he searched the 
house, and discovered the deceased lying on her 
back in the kitchen ; her left kg was bent under 
her ; her clothes were all' smooth, but her pockets 
had been turned inside out : there wfcie lying by her 
side a pair of scissars, a thimble, and a peri-knife. 
The body was in -a putrid state, On makfng a 

further 



MAYCOCIC T$3 

further search, he found that all the drawers and 
boxes had been rifled ; and that the murderer or 
murderers had entered the house by pulling out 
some bricks which were under the wash house win- 
dow. A Mr, Humphries and his wife also assisted 
him in the search. Mr. Thomas Brickenden, sur- 
geon, said, that he examined the body on the day 
the Coroner's Inquest was taken. He found it in 
so very putrid a state, that it was impossible to say 
whether the deceased met her death by violence or 
otherwise. She was lying on the floor of the wash- 
house ; the scalp of her head appeared to be sepa- 
rated. Thomas Griffin, a corn- porter, declared 
that he was acquainted with the prisoner Maycock j 
that he met him about two months previous to the 
murder j when the prisoner said, 'Tom, I'll put 
you into a good job.' The witness asked, 'What 
it was?" 1 When the prisoner replied, < I know an 
elderly lady, who lives in a house by herself, which 
is shut-up; and she is worth a deal of money 5 
you and I, and a stout young fellow who works 
with Mr. Burgess, will do her out of it.* The 
prisoner did not tell the witness where the lady 
jived. He said his companion was formerly a 
bargeman at Ware. The witness refused to have 
any concern in the robbery ; and, when he heard 
of the murder, commifuicated tne circumstance to 
his brother, who brought Mr. Graham to his house 
(the witness being ill) to take his deposition. Pre- 
\ious to this communication, and subsequent to 
the murder, he had seen the prisoner, who told 
him he had plenty of money. At his cross-exami- 
nation, he said, that he^did not mentien to any 
person the proposition which the prisoner had made 
to him, because he did not think it necessary j but 
when he heard of the murder, it struck him it was 
vol. iv. s the 



.194 MAYCOCK 

the same house which the prisoner had hinted at. 
Thomas Cockburn, foreman of the corn- porters 
at Mr. Burgess's, stated, that the prisoner, May- 
cock, worked at his master's at the time of the 
rnurder; and that on Saturday, the 9th of August, ' 
he was paid in common with the other men, at 
Mr. Davis's, the Barley-mow, in Free school -street. 
He came to finish his job on the Monday following 5 
but he did not see him again until he was appre- 
hended. This witness proved that the wages which 
corn-porters earn are not very great 5 the labour 
being so fluctuating. Several other witnesses were 
called to prove these circumstances respecting the 
wages ; and to shew the connection between the 
two prisoners. Aaron Graham, Esq. stated, that 
Maycock was not present when Pope made the con- 
fession. That the proclamation offering a reward 
for the discovery of the murderers lay on the table* 
Mr. Graham asked Pope if he had seen it, who re- 
plied in the affirmative ', that this question was put 
to him in order to induce him to confess. In this 
stage of the prosecution, some discussion arose 
respecting the acquittal of Pope. It being con- 
tended by his counsel, Mr. Gurney, that he was en- 
titled to his acquittal j and that in fact he ought 
not to have, been put upon his trial> having con- 
fessed under the inducement of being pardoned. 
Mr. Knowlys, for the prosecution, contended, that he 
ought to be made a party with the other prisoner; 
but the ChieJ Baron ruled, that the prisoner stood 
in the same situation as any other prisoner ; that he 
had confessed under the promise of being pardoned, 
and that he was entitled to it. The prisoner Pope 
was accordingly acquitted, and the trial proceeded 
against Maycock. The next witness was John 
Gray, the landlord of the public- house in which 
Maycock and his wife Ipdged. This witness proved 

the 



, MAYCOCK 195 

the intimacy between Pope and Maycork, and that 
the latter was absent all one Saturday night, about 
the time of the murder, and that he did not return 
borne till late on the Sunday 5 that he told the wit- 
Bess he had been on the water with Pope, and had 
not eat a morsel all the day/ Pope's wife was with 
the wife of May cock ; and in a few minutes Pope 
caesein. May cock asked, if any one had inquired 
after him ? and directed the witness to say that he 
was ill, and gone into the country. Two other 
witnesses were called to prove, that Maycock had 
ordered and paid for some new clothes, purchased 
a watch, &c. ; from which it was inferred, that 
the money with which he made the purchases was 
dishonestly obtained. Mr. Knowlys here proposed 
tv call the accomplice Pope ; to which Mr. Morris 
objected, on the ground that he was not a compe- 
tent witness, having been put upon his trial. 
After some arguments of much ingenuity from 
Mr. Knowlys and Mr. Morris, the objection of 
the latter was overruled. John Pope (the accom- 
plice) was then called, and his examination was to 
"the following effect: — ' I am a corn-porter at pre- 
sent j but formerly had some craft at Bishop Stort- 
ford, on the River Ware. I have known May- 
cock about a year and a half before the murder. 
About six weeks previous, he asked me to go with 
liim to rob an old woman, who lived in a hugger* 
mugger way, at a shut -up house. We had many 
conversations upon the subject 5 aifJ it went on 
till Saturday the 9th of August, when he asked 
ifte to go that evening, I agreed, though I was ill 
at th^ ume It was while he was at work, at Bur- 
gess's I saw him in the evening at the Bull pub- 
lic-house, wheie we sat drinking gin -and wa^er till 
about ten o'clock. We then, instead of going 
home, went backwards, and got through the loop-- 
s z hole 



196 MAYCOCK 

hole, or kind of cock-loft window, which joins 
the Bull, and is part of the deceased's house. I 
took some bricks out in order to get in : I then 
unbolted the door, and let May cock in. We 
tried to get further, but could not, the door being 
strongly barred. Wc remained in the wash house 
till day-light, when I was much alarmed, and 
went twice into the public house yard, in order to 
get away •, but Maycock called me back, and we 
went down into the cellar, where we remained till 
about eight o'clock, when the deceased came down- 
Maycock went up to the top of the stairs, and the 
instant -he opened the door, he rushed at her, 
threw her down, and she screamed out, ' Oh!'— -I 
then ran up stairs, and saw Maycock kneeling 
over her, with his hand or arm on her neck, which 
he held until she was quite dead ! she never moved 
after I first saw her. Said he to me, * She is dead.* 
We then went up stairs, and rifled the drawers 5 
from whence we took out gold, silver, bank-notes, 
and halfpence, to the amount of about ninety 
pounds. Maycock took a roll of linen for shirts, 
and we found a bottle of brandy, which we drank. 
We st id in the house all the day, being afraid to 
go out. In the course of the day, we went and 
looked at the deceased two or three times. When, 
the watchman went ten o'clock, I opened the 
door: Maycock toe k the bundle, and we quitted 
the house. He went home, and sent his wife to 
me on the ruins, near his lodging, for the bundle, 
having left it in my charge, and I followed her. 
We then divided the booty; the notes were all two- 
pound notes/ On his cross examination, he ad- 
mitted that he stcod charged with stealing corn 
from Mr, Burgess's, but that he was innocent. 
Had given his evidence truly. Did not charge 
Maycock till he saw the proclamation offering par 

don 



MAVCOCK. 197 

«fon ; and then disclosed the murder to save him- 
£elf, The prisoner, in his defence, said he was 
■ quite innocent of the charge alleged against him. 
Some witnesses to character were called, but they 
did not answer. The Lord Chief Baron then sum- 
med up the evidence in a very humane and impar- 
tial manner. The principal witness, he observed, 
was stained with the crime imputed to the prisoner : 
therefore his evidence ought to be taken with cau- 
tion. The jury would attend, however, to see 
with what degree of probability his testimony was 
supported by the other witnesses. The learned 
judge then noticed the particular circumstances 
which -made against the prisoner : such as his being 
out all Saturday night j having plenty of money $ 
being seen in company with Pope $ and having ac- 
knowledged that he was in his company all Saturday 
night, &c. These were the material circumstances, 
which it behoved them to take into consideration, 
when determining on the guilt or the innocence of 
the prisoner. The jury, after a short consideration, 
returned a verdict of — Guilty. The learned Chief 
Baron then proceeded to pass the sentence of the 
Jaw, in a very solemn and impressive address. The 
crime of which he had been found guilty was one, 
to which all his experience did not furnish a parallel. 
It was of so foul a nature that not any apology 
could be found for it. It was begun in the con- 
templation of plunder, and concluded with murder. 
However painful his duty to pronounce sentence, 
he must do soj and he advised, the prisoner to 
make the most of his time in petitioning tor mercy 
at that tribunal where he must soon appear. The 
prisoner was then sentenced to be hung on the fol- 
lowing Monday, and to be dissected. He did not 
appear to be greatly affected at his situation. On 
the. contrary, he often laughed during the trial 3 
s 3 and 



198 MAYCOCK 

and when sentence was passed on him, he ob- 
served, on going from the dock, c Thank you for 
that, I'm done snug enough.' He suffered on the 
.top of the New Gaol in Horsemonger-lane, pui> 
suant to his sentence, Monday, March 23, 1807. 
His conduct at the fatal spot was equally as obdu- 
rate as before. He addressed the multitude in a 
short speech, but in a voice too low for its purport 
to be collected. On the same day of Maycock^s 
trial, came on that of William Duncan, who was 
also sentenced to be executed the same morning, 
but was afterwards respited, and pardoned. This 
man had been employed in the service of William 
Olivers, Esq. as gardener at Clapham-common, in 
the parish of Battersea. He is a Scotchman, then 
aged 22, and full six feet high. On the morning- 
of January 24, 1807, after hreHtfast, the niece ot 
Mr. Chivers, who resided with him, went in his 
carriage to take an airing : Mr. Olivers, who wa$ 
between seventy and eighty years of age, went intoi 
his garden to take a walk, as was his daily custom, 
inspecting the gardener at his work, and convers- 
ing with him. About half-past eleven o'clock, the 
gardener ran into the house, from the garden, ia 
great agitation and terror, exclaiming to the ser- 
vants, 'Lord, what have I done! I have struck 
my master, and he has fell}' and immediately left 
the house, without giving any explanation, and. 
made for the town of Clapham. The footman 
went into the garden to discover what had hap- 
pened, when he found his master on the ground, 
apparently lifeless, and his face a most shocking 
spectable ; it appearing that the gardener had 
struck his master with a spade that he was at work 
with, the end of which entered the lower part of 
his nose, broke both his jaw bones, and penetrated 
nearly to a line with his; ears, so that his head was 

almost 



MAYCOCK. 130 

almost separated. The gardener Iiad inflicted two 
deep wounds, one being about eight inches in length, 
and three inches and a half in breadth. Duncan 
was soon after apprehended r and the magistrates 
committed him to Horsemonger-Iane prison. The 
cause of the shocking act, it is supposed, was a 
dispute between him and his master, respecting the 
pruning of a vine. The witnesses brought home 
the charge very strongly to the prisoner, who when 
cabled upon for his defence, thus expressed himself:—- 
tc I beg ieave to assure your lordship, that I never 
bore Mr. Chivers any malice whatever. On Satur- 
day morning I had been employed in digging some 
ground, and with my spade in my hand J went to 
the green bouse to give it some air, and there I 
left my spade. I then went for some refreshment, 
st eleven o'clock in the morning, as was usual, and 
on going into the kitchen I saw the footman* of 
whom I asked how long it was since Mr. Chivers 
went out. I then went into the garden, and to 
the green-house, ii-to which I let a little more air. 
I then went with my spade in my hand, and looked 
at a vine. I saw Mr. Ghivers/fold him that I had 
finished my digging, and said, I was very sorry to. 
have left so good a place and now to be turned off. 
A Jew words passed between Mr. Chivers and me, 
and the last expression he used when I had the spade 
jn my hand was, '.* You scoundrel, I will break 
your skulL" He shook his cane over me 5 he made 
an attempt to strike at me, which I, turning aside, 
escaped j he again endeavoured to strike, and I 
avoided the blow. After this he followed me up 
wi;h his cane, and I then had, as I before said, a 
spade in my hand. I raised the spade, and to my 
surprise struck him. Immediately afterwards, I 
ftyt into the green-house, with the full intention 

of, 



200 MAYCOCK. 

of taking away my own life, but I had not suffi- 
cient courage to do it. I then went into the kit- 
chen, and called Henry, who said, " What is the 
matter?''' and I replied, t( Good Lord, I have 
Struck my master, and he fell." I then went out 
^towards Clapharn, and the first persons 1 saw were 
a butler and gardener. I went to the garden of 
Mr. Robert Thornton, and asked for Mr, Dixon, 
who is one of the gardeners. They said he wag 
cutting a vine, but they went to him, and Mr. 
Dixon sent me word that I might come to him. I 
?i ked if any body was with him, and they said 
" Yes," I then desired to speak to him alone, and 
Mr. Dixon enquired if I had any thing particular to 
mention, and I told him "yes." The first words 
I said were, ' I have ruined myself.' He enquired 
" What is the matter ?" I said < I am afraid 1 
have killed my master/ He then said it was a 
dreadful thing, and that I had better go back, 
and resign myself into the hands of justice. Upon 
this I observed to him, that if I should be executed, 
I should be glad if he would write to Scotland, 
and inform my friends there that I had died sud- 
denly. He said that he would, and 1 then came 
back towards Mr. Chivers's house, and my heart 
failed me. I turned again, but had not gone far 
before I met a man, who said to me, "Are you 
Mr. Chivers's gardener r" He then told me I must 
go with him 3 and I replied, with 3 11 my heart. 
He ^aid that this* was a very dreadful thing, and 
zdded, that he was very sorry for me j tu which I 
answered, (i I am sorry also, but I am afraid that 
it is too late.' After this I was taken to Wands- 
worth, where I underwent an examination. I was 
then committed to Horsemonger-lane, and from 
Jience X have been brought here to take my trial." 

The 



u ay cock; s 201 

The witnesses far the prisoner were then called 
1© fits character. The Chief Baron, after stating 
the nature of the indictment, said, that the prisoner 
was accused of having murdered his master. He 
&ad pi ven a detailed account of the transactions re- 
ferred to in the evidence; and the jury would re- 
collect, that in considering his narrative,, it was fair 
to allow what he said in his own favour, as well as 
what he said against himself. The question was 
this: If there was a previous design in the breast 
ef the prisoner to perpetrate the crime of murder; 
or if, being threatened, provoked, or assaulted, he 
did this act from the passion of the moment ? In 
the Latter ease* the crime in law was extremely dif- 
ferent from that of wilful murder. It was not 
easy to suppose that there should be such a diabo- 
lical design- formed in a short space of time. His 
lordship here entered into a general review of the 
facts in evidence, and then concluded : — " By the 
witnesses, who have appeared on the part of the 
defendant, he seems to be, in their judgment* a 
very moral young man. You are to judge, if you 
think it was a deliberate intention j or if it were 
the ebullition of anger at the instant* under the 
rirenm-stances of provocation stated. If the de- 
sign sprung up on Wednesday, which was executed 
en Saturday, the offence will.be murder \ but if it 
-were not previously formed, then there was no 
execution of such a deliberate intention j and he 
will be acquitted of the capital part of the charge. 1 * 
The jury, after having conferred for a considerable 
time, found the prisoner — Guilty of Murder 3 and 
lie was accordingly sentenced to be executed on 
the Monday following^ and to be anatomized. 
The prisoner, who was a man of respectable ap- 
pearance, conducted himself, during the whole of 
the time, with great composure. His story that 

his 



MAYCOCK — M'lNTOSH< 



his master's language was exceedingly provoking, 
and that the blow was accidental, was certainly 
not contradicted in evidence ; therefore we need 
not be surprised that the Royal Mercy was ex- 
tended. 

M'INTOSH, JOHN (traitor and mur- 
derer.) A Very principal person in the Irish 
rebellion of 1803. — See Emmet, Robert, vol. 1. 
Hawley, Hsnry, and Redmund, D. L in the 
present volume. He was a carpenter by trade, and 
had rented a house, (No. 26, Patrick -street) where 
an explosion of gun- powder took place, on the Sa- 
turday previous to the insurrection. On that occa- 
sion he would not accept of the assistance of his 
neighbours, but locked up the piace, telling a man. 
living next door to him, who was more particular 
in his enquiries, that the explosion was in conse- 
quence of an experiment tried by silk dyers. Mr. 
Wilson, a chief peace officer, went to the house 
the following evening, and ascertained the explo- 
sion, to have been that of gunpowder, a parcel of 
which he found, in an unfinished state, and some 
saltpetre. He also found, in a chest, about 50 
fresh cast, musket balls, a volume of VoLney's Ruin 
of Empires; and in the house were about 200 pike- 
handles, shorter than those which were generally 
used 5 but, in an adjoining house, he found a par- 
ked of bayonets, with the sockets filled with wood, 
and as if they had been sawed from off the han- 
dles which were in the first house. It appeared 
that, after the explosion in Patrick-street, the pri- 
soner went immediately to the depot, which the 
rebels had in Mass-lane, where he continued till 
July 23, 1803, preparing for the insurrection which 
broke out on that evening. When the insurrec- 
tion took place, he was actively engaged in it j he 

was 



m'intosh. '203. 

was one of those who fired at a trooper^ who. was 
killed 5 he was also among those desperate fellows 
who stopped Lord Kilwarden's carnage, and stood 
by, while that lamented nobleman and his nephew 
were piked to death. It did not appear, however, 
that he inflicted any of the wounds, which were all 
given with pikes, he having been armed with pistols 
and a blunderbuss. After the defeat of the insurrec- 
tion he fled 5 and, as he was passing through Ark low, 
in the county of Wicklow, he was arretted by Mr. 
Coau:3 a magistrate, to whom lie said, that his 
name was Magrath ; that he was a % mill.wright by 
trade 5 was going to Waterford ; had been work- 
ing at Mr. Jones's, in the county of Wickiow, 
and had not been in Dublin for three weeks pre- 
vious to the 23d of July. There was no tenable 
defence set up. Some persons were, adduced to 
character,, and the jury, without retiring, found 
him — Guilty. He was executed October 3, 1803, 
in, Patrick-street, opposite the house where he was 
manufacturing the powder for this rebellion. On 
the very day of his execution, an associate of his, 
Thomas Keenan was tried on the same charges of 
high treason. He was arrested along with 'M'ln- 
tosh, *in Aiklow, and like him had assumed' a 
feigned name and occupation; his story to the ma- 
gistrate (Mr. Coates,) being much the same. It 
was proved, by two witnesses, (Fleming and Fi- 
nerty) that he had been in the rebel depot in Mass- 
Jane, in the course of the week, previous to the 
insurrection, at work as a carpenter, making pike- 
handle-, :c and Fleming swore positively, that he 
was one of those who piked Lord Kilwarden. 
The jury, after five minutes conference, returned 
a verdict of — Guilty. He suffered October 4, in 
•Thomas'Steeet, and though he positively denied 

having 



$m ll'lNTOSH MITCHELL, 

having been one of the murderers of Lord Kilwar 
den, he tacitly acknowledged having been engaged 
in the conspiracy. 

MITCHELL, SAMUEL, alias SAMUEL 
WILD, (murderer) who was convicted at the 
Sessions-house, in the Old Bailey, January iztfa* 
1B05, °f tne wilful murder of his own daughter* 
Sarah Mitchell, a child 9 years old* Dec. iSrti* 
1804, was a weaver. A kind of jealousy, that de- 
structive and malignant passion, seems to have in-* 
siigated him to this inhuman act, for the very day 
before he committed it a separation had taken place 
between him and his wife, and the child, Sal\y v , 
went that night to the lodgings which her snother 
&ad taken for herself. liaving returned to her 
father's the next morning she was employed m 
quilling (putting silk on a shuttle for her father t-j 
weave with) when suddenly he rose up, took a ftgJ< 
zor, and cut the little girl's throat from one ear tp 
another, the wound being four inches in Ie£igitfL 
and two in depth. He then left the house, confessed 
his guilt to an acquaintance, and wandered about 
the streets till evening, when he found his way to 
his son-in-law's house, and was there apprehended* 
The officers went to his room, where the razor was 
found open and covered with blood, within four or 
five feet of the unfortunate deceased ; and at the 
same time the blood^vas found actually warm. 
After this had ta&eiv place, and the coroner had 
done what his duty required him to do, the pri- 
soner was taken before a magistrate*; and after 
every merciful warning from -the magistrate, he 
voluntarily deposed the whole of this horrid trans- 
action. The appearance of the prisoner when 
brought to the bar, was squalid and wretched in 
the extreme ; hi* hair was grey, and his head was 

covert*! 




e m , mjtcwejjl o 



MITCHELL, 205 

covered with an old miserable night- cap. The first 
witness was William Godby, who said that he had 
been married to the daughter of the prisoner for 
more than eight years 5 that the prisoner lived, on 
the 1 8th of December, 1804, in Wheeler-street, al- 
most opposite Fower-de-luce-court, Spitalflelds, in 
the parish of Christ-church,; that the prisoner was 
amarriedjman j that^he lodged in the top room of the 
house ; his wife, and his child Sally, the deceased, 
had lived with him, but he and his wife had beea 
separated the day before this horrid transaction. 
The prisoner at the bar was a weaver, andySaily, 
the deceased, used to be employed in winding quills 
for her father. He saw the prisoner at nine o'clock 
in the morning of this transaction, and did not see 
him again on that day, till about ten o'clock at 
night j he saw the prisoner at the house, where he, 
the witness lodged, and he told him he should not 
come into his room. About half- past twelve on 
the same day, after he had been to the warehouse 
with his work, he went up to see him 5 and, when 
he came into his room, he saw the child, Sally, 
lying in her blood, but did not notice the wound, 
he was so alarmed : he went down to the room 
nnder the prisoner's, and told Mrs. Nicholis, who 
lived in that room; he then went away:, he had 
some of his master's property about him, and that 
he carried home ; he returned a second time, and 
went into the room again, and saw Mr. Kennedy, 
the officer, there. Mrs. Nicholis said, that she 
lived in the room, immediately under the prisoner 5 
that she was at home on the t%th of December, 
and said, that theprisoner's wife had been with him 
that morning ; thar she had a light of her (to light 
his lire) before eleven o'clock ; and that she heard 
Sally, the deceased? go up stairs, on her return 



2G3 MITCHELL. 

from Spltalfields** charity-school, about 12 o'clock % 
she knew it was the little girl by the step, and that 
when she got into her father's room, she heard 
the quill- wheel go, and she heard the prisoner's 
loom make a noise, which it usually did when he 
was weaving ; shortly after she heaid a woman go 
down stairs, and after that she heard a man's foot, 
but did not then see either of them 5 tint the pri- 
soner had previously called out to her, a little before 
twelve, to know what o'clock it was; and that 
Godby, the former witness, came to her in about 
half-an-hour after she heard the quill- wheel go, and 
the noise of the prisoner's loom when he was weav- 
ing j that she went up with him, and saw Sally, 
the deceased, lying in her gore of blood 5 that she 
saw nothing of the wound ; was afraid of going into 
the room, and called out to the landlord* " mur- 
der !" upon which he came up. William Byron 
deposed, that he was, on the 18th of December, 
the landlord of the house, No. 24, Wheeler-street, 
but had since removed, and that the prisoner at 
that time lodged in the garret. That on the 
alarm of murder he went up stairs, and took the 
child by the hand ; then putting his feet across the 
body, he lifted her up by the waist, when her head 
fell back, and the gash appeared to him ; he then 
gave the alarm, that her throat was cut, and, de- 
sired them to go for a surgeon, and for her father, 
who he supposed was at the Elder-tree public- 
house just by ; he then looked round the room to 
see if he could find any instrument, but could v not* 
He observed the quill-wheel was bloody, and the 
track of blood about the room ; her cap was bloody 
lying in the room, and she was all over blood, and 
so was he. Edward Dellafour, a journeyman broad 
silk- weaver, saw the prisoner on the 18th, between 

the 






MITCHELL. 207 

the hours of twelve and one, at his apartments, 
Nor 26, Skinner street, Shored itch. He was at 
work, and the prisoner knocked at his door, upon 
which he let him in. The prisoner asked him to 
go down stairs with him, as he had something par- 
ticular to communicate. He refused to leave his 
work, unless he would tell him his business; the 
prisoner then said something had happened that day 
which never had happened before, and that he 
should go to Newgate. Seeing him in that violent 
perturbation of mind, he reluctantly left his work 5 
the prisoner having gone down stairs; and anxious 
to know the cause of it, the witness followed, and 
found him at the street-door ; they went about 50 
yards from the witness's door ; the prisoner then, 
with a countenance full of grief, turned round to 
him and said, " Ned, I shall die I," The witness 
asked him what had happened, or what was the 
matter with him; the prisoner said directly to him, 
< c I have killed my Sally. V The witness asked him 
if the child was dead ; the prisoner said <* Yes, I 
have cut her head half off." It was a very severe 
morning, and rhe prisoner was shivering with cold 
—the prisoner desired the witness to go with him 
into a public- house, that he might warm himself, 
and have something to drink ; they went into the 
first public house they came to, which was the 
Cock-and Magpie, in Worship-street, and had a 
pot of beer-^the prisoner called for it/ and a pipe 
of tobacco. There were three men and a woman 
there, intire strangers to the witness. The prisoner 
then said to the witness in the tap room, " Sit 
down, I have something to say to you." Seeing 
the strangers in the room, the witness thought it 
imprudent to speak before them, and desired the 
prisoner riot to say it there 5 in about a quarter of 
T % m 

c 



20S .MITCHELL, 



an hour they went out. The, witness asked the 
prisoner where he was going, and what he meant tQ 
do with himself. He said he was going to Shad- 
well to see two friends of his who were rope-ma- 
kers, who would, when he was in prison, allow him 
a shilling or two : he then asked when the Sessions 
would begin — the witness told him : he said he 
would give himself up to justice and suffer, with 
th,is remark, it would make no odds to him if they 
cut him in a thousand pieces, for that when he went 
hundreds would go at the same minute. The wit- 
ness told him he should not have killed his child. 
The prisoner looked him in the face, and said, " I 
know that— do not you retort on me now it is 
done." The witness accompanied him as far near- 
ly as Whitechapel-church, then shook him by the 
hand, and saw him no more tiil he met him at the 
office j the witness said, the magistrate sent for 
him, and he gave the same account at that time 
as he now gave. When in the public house with 
him, he observed a small quantity of blood on one 
of his hands. Thomas Grice, a watchman of Beth- 
nal-green, said, that two men came to their watch- 
house, and gave information that the prisoner was 
in Hare-street, at his daughter's, and there the wit- 
ness apprehended him, and took him to Bethnal- 
green watch-house, and then went and delivered 
him up to the officer of Spitalfields watch-house 5 as 
soon as he saw the prisoner, the prisoner said he 
was the man that was guilty of the murder, and 
resigned himself up. James Kennedy* an officer 
of Worship -street, received information of the mur 
der about one o'clock in the afternoon, and went 
with Bishop into the prisoner's room, and there 
saw the deceased lying with her head towards the 
door, with no cap on, and her throat cut across 

through 



MITCHELL, 20§ 

through- the windpipe ; she had done bleeding 
when the witness saw her, but the blood lying on 
the floor waswarm. On the block of the quill-wheei 
there was a quantity of blood and a track of blood 
from the wheel to where the body lay. Near the 
quill-wheel there was a low stool, and at the side of 
it he found a razor open. It was covered with fresh 
blood at that time. [This he produced in court, and 
a cap of the deceased, stained with blood, that 
had fallen from her head.] He, seeing there was 
no prospect of restoring life, with the assistance of 
Bishop, put the people out of the room. About 
twelve at night they received information that he^ 
was at Spitalfieids watch house : Armstrong and 
he w T ent there to satisfy themselves, and saw the 
prisoner sitting by the watch house fire. He turned 
his head round, and saw the witness. He said, 
6 Kennedy, I have given you much trouble to day 
In searching after me.* Armstrong said to him, 
f What do you mean by that ? Is your name Mit- 
chell V He confessed it was. Armstrong again 
asked him, did he know he was charged with mur- 
dering his own daughter 5 and said he had found 
a cap and a razor in his room. The prisoner then 
answered, with that razor he had often shaved him- 
self, and with that razor he committed the horrid 
deed, Joseph Moser, Esq. the magistrate of Wor- 
ship-street office, stated, that the prisoner was 
brought before him to be examined on Wednesday 
the nth of December ; he took down the whole 
confession of the prisoner in writing, telling him 
the consequences in every point of view, and the 
use that would be made of it after he had signed 
it : he repeated it over to him several times, said 
it was true what he had signed, and signed it 
in the magistrate's presence. The prisoner's ex- 

T 3 anunjuiQj} 



210 MITCHELL. 

amination, being now read in court, was as fol- 
lows : 

Public-office, Worship-street. 

"The voluntary confession of Samuel Mitchell, 
weaver, for the wilful murder of his child, aged 
nine years, taken by Joseph Moser, Esq. Decem- 
ber 19, 1804. 

" I, Samuel Wild Mitchell, weaver, late of the 
parish of Christ-church, Middlesex, now standing 
at the bar of the public-office, Worship-street, 
being fully apprised of the nature of my' situa- 
tion by the magistrate, and through him made 
perfectly sensible of the nature of this acknow- 
ledgment, do make this free and unbiassed con- 
fession, which is taken by my own desire : — That 
I had a daughter named Sally, and my wife had 
a daughter named Elizabeth, who at one time 
did live with me, but whom I afterwards took 
to my apartment, where I instructed her in the 
art of weaving, and we lived all together : this 
said daughter of my wife's caused some uneasi« 
Hess, as I thought j and I thought my wife was 
more indulgent to her faults, and favoured her 
more than she ought, which was the reason of 
eur separation on the 17th of Decemher last 5 any 
wife also took with her Sarah Mitchell, whom I 
loved with the most ardent affection, which vexed 
me a great deal, as I saw there would be a conti- 
nual dispute. I could not bear the little girl com- 
ing to see me, as coming on a visit. I resolved 
that neither my wife nor me should possess her. I 
seized the moment of the mother going away : the 
child was sitting by the fire winding quills. I took 
the razor from the drawer : my affection made me 
almost lay it down again 5 but my resolution over- 
came that. I turned round and cut her throat. X 

was 



MITCHELL. 211 

was too resolute to make a faint attempt ; the child 
was dead in a moment: she neither made noise nor 
resistance. When I had done the deed, the child 
fell. As I went out, I saw her blood $ then I ran 
cjown stairs. After this act was done to my child, 
Sarah Mitchell, I went to a man named Bell, 
where I had lived, and left word for him to run 
and secure my master's work 5 then I went to Mr* 
Dellafour, and my friends at Wapping. This ac- 
knowledgment is free, and made by my own de- 
sire. 

Signed SAMUEL WILD MITCHELL. 
Dec. 19, 1804. JOSEPH MOSER." 

The prisoner having been now called on for his 
defence, the wretched man addressed the court and 
jury, nearly as follows, in a manner above his rank 
or appearance. 

" My Lord, and Gentlemen of the Jury, 

M I stand in this place to day an awful spectacle 
of guilt and disgrace 5 but I will endeavour to be 
as collected in my rea>on'as possible, though at cer- 
tain times and seasons, I am particularly uncler 
heavy pressure of mind, which my wife well knows 
and was well aware of it j that I have committed 
the horrid deed laid to my charge I have no 
wish to deny, any more than I have to avoid 
the dreadful punishment that awaits my guilt; 
to that I am resigned j nor was it my wish, 
from the unfortunate moment of my crime, to 
evade justice ; but that I committed the deed 
maliciously against my poor child, who was the 
victim of my fatal passion, I solemnly deny. Ma- 
lice I had none. I declare, in the presence of 
God, before whom I stand and make this decla- 
ration, and before whose awful tribunal I must 
shortly appear, instead of bearing to her malice, I 

loved, 



SI'S MITCHELL. 

loved her most tenderly. I h d kind love to the 
child and wished her not to be from me, and to that 
love, strange and perverse as it may seem, is owing 
chiefly the sad cause that brings me here this day. 
I am married to a second wife, by whom this child 
was my only daughter : *we had long known each 
other before our marriage, when I was in better 
days, and when she and I .were the wife and hus- 
band of others. I thought I 'could be happy with 
her ; but I found her temper incompatible with my 
happiness or her own. I found the friends and the 
family with which she was connected, thought her 
marriage to me degrading to her. Disputes and 
controversy, for ten years, frequently took place 
between us I m which, unhappily, „both were in 
fault, too much so.; those disputes were often ear- 
ned to a pitch of fury (and may this sad spectacle 
that I now stand, be a warning to others, that if 
they meet with double families to have more love 
to their duty ;) and what tended still more to ex- 
asperate me and aggravate our dissentions was, 
that those she called her friends, always sided with 
her in eveiy thing, whether right or wrong 5 and 
inany of them, I am sorry to say, who were stre- 
nuous professors of religious principles, were always 
more ready to lend a hand to the fomenting of mis- 
chief, than to the promotion of charity and peace 5 
»—may the Lord forgive them, and take me to him- 
self. Our disputes at iatft ended in a mutual agree- 
ment to separate, and the child I so tenderly loved 
was to go with her mother : this my unhappy tem- 
per and feeling could not bear, which led me to the 
iatal resolution that neither she nor I should have 
the child, by committing the horrid dtt.d, by put- 
ting an end to her life in the manner I have done! 
? pray God Almighty to forgive me, and to direct 

you 



MITCHELL. 213 

you in your decision upon me this day ; and though 
here 1 stand an object or sin and misery, yet I hope 
my unhappy fate will prove an awful example to 
those who form second marriages, with children on 
both sides, against giving way to intemperate dis- 
putes, that may lead them, as they have done me, 
to acts of desperation and vengeance, beyond the 
controul of reason or reflection. If my wife was 
present, she could vouch and prove that it was im- 
possible I could ever have deliberately executed 
such an act. She could testify that my disposition 
was not cruel ; and that when I have been the 
most resolute to good purposes, unfortunately, un- 
der agitations of mind, or provocations of temper, 
such has been my weakness, I am not always the 
same man ; and, under such circumstances, I have 
very frequently been led into excesses of frenzy, 
which, in cool moments, have astonished me. Once 
in particular, forced by distress (when I had no 
work) to apply for relief at my parish workhouse, 
I had come too late in the day, when, wound up 
by disappointment to madness; I broke as many 
windows as cost the parish four pounds for the 
repair : and yet the parish-officers, though they 
might have punished me, did not, knowing that 
my act was the result of a mind deranged. — May 
the Lord forgive me, and take me to himself ! 
I must die a spectacle of sin and horror p' 

The Jearned judge (Sir Archibald Macdonald,) 
observed to the jury, *' That the fact of a person's 
being overcome by any sudden paroxysm of pas- 
sion to commit a deed of so flagitious a nature, 
operated as no justification of the crime. If God 
afflicted any man with a temporary or occasional 
want of reason, that was a different question. 
There, from the mere occasional suspension of the 

ieasoning 



$14* "K '■'■■& MITCHELL. 

reasoning faculties, the crime might liave been 
committed ; but such could by no means be com- 
pared to the case where the dereliction of the rea^ 
zoning faculties had been occasioned, either by the 
contemplation of a circumstance, by which alone 
the mind was affected, or by which, after its Com- 
pletion, the mind could be supposed capable of 
being agitated. Here a strange mixture of affec- 
tion was discernible amidst the cruelty which had 
promoted the perpetration of the deed 5 but he could 
see nothing in the case to induce him to point out 
to the jury any distinction between this ca^e and 
jthe various other cases of a similar kind which pre- 
sented themselves/" After the Lord Chief Baron 
liarl made his remarks, the prisoner requested per- 
mission to speak again, which was granted imme- 
diately by the court. * There is one single point 
I have to say, which my wife could attest, if she 
was here, as she was well acquainted with my mi- 
serv, as well as my mother's, who would frequently *. 
go into the same v* ay : she was a very sensible wq- 
jman j she would frequently ask me to cut her hair> 
for, unless her hair was kept cut in a very parti- 
cular close manner, her weakness was upon he'r* 
So it has been with .me." 

The jury having found him Guilty, the prisoner 
was asked, what he had to say for himself, why 
sentence ot death should not be passed according (0 
law ? The prisoner distinctly replied, * I have no- 
thing to say.' The awful sentence, that he was 
%o be hanged the succeeding Monday, and his body 
afterwards dissected and anatomized, was imme- 
diately pronounced by the Recorder j which the 
prisoner heard without any visible emotion. The 
court was crowded in every part, and particularly 
with ladies $ and not only the women, but even 
7 the 



MITCHELL. 215 

the jury, the counsel, and nearly all present, were 
melted into tears. Daring the whole trial the pri- 
soner appeared calm, but not insensible. He was 
very attentive to the evidence, and declined asking 
any questions of the witnesses. He -appeared fre- 
quently to utter a low ejaculation. On the morn- 
ing after his trial, he expressed a desire to see his 
wife, that they might exchange mutual forgiveness. 
The day following (Sunday ), she came to visit him 
in Newgate, but so ill, that she was obliged to be 
brought in a hackney coach, supported between 
two friends. As soon as the distressing interview 
was over, he applied himself devoutly to prayer, 
in which he continued nearly the whole of the day. 
On that day he was extremely solicitous to obtajn 
.Dr. Ford's promise to publish to the world that he 
died in the faith of the Church of England ; and 
he was the more anxious it should be done, as it 
had been generally understood thr.t he belonged to 
the sect denominated Methodists. At half- past six; 
o'clock, Mitchell's ceil was unlocked, and the Or- 
dinary attended him to the chapel to prayers 5 which 
being concluded, he returned to the press-yard, 
and there walked for some time, holding two 
friends by the arms j meanwhile his mind was oc- 
cupied with his unhappy situation : he begged of 
all around him to pray with him. He first put up 
a prayer to Heaven for his own soul ; next invoked 
a blessing on his wife, his two daughters by a for- 
mer marriage, his son and daughter-in-law, in 
the most pathetic manner. The unhappy man 
hlessel the mentory of his murdered child, and 
trusted the sacrifice he was about to make would, 
in some degree, expiate his crime in Heaven, which 
he did not. despair to see. Then in language which 
would have, done credit to the pulpit or the bar, he 

besought 



2l6> MITCHELL. 

besought God to giant His Majesty health and 
long life ; to endue his ministers with wisdom, 
that it might be applied to the happiness and pros- 
perity of this country, which, notwithstanding the 
convulsions by which it was surrounded, he prayed 
might endure under its present form of govern- 
ment till time shall be no more. He then expressed 
his gratitude to the magistrates, and to Mr. New- 
man, the keeper of the prison, for his humane con- 
sideration of him. He expressed himself most 
grateful to Dr. Ford for the consolation he had af- 
forded him by his admonition and counsel, and re- 
peatedly acknowledged, that he felt more comfort 
in the prospect of death than he should in life, 
were a reprieve offered him. His last petition was 
to the sheriffs, to request that after the surgeons 
had practised upon his body, his mangled remains 
might be given to his daughter for burial j which 
request the sheriffs promised should be complied 
with. On Monday morning (January 14,) at a 
very early hour, every avenue leading to the Old- 
Bailey was crowded by persons, all eager and anx- 
ious to witness the last moments of this unhappy 
man j indeed a greater crowd was seldom seen on 
any similar occasion. The houses then erecting fn 
front of Green-arbour court, St. Sepulchre's- 
chuich, the pump, and the various lamp-irons, were 
all rilled with the anxious multitude. About five 
initiates past eight o'clock, the wretched delin- 
quent came out of Newgate. His demeanor was 
perfectly calm, and he appeared most completely 
resigned to his fate. He was attended by the Or- 
dinary, who stood before him until the drop fell. 
Mitchell seemed to attend with much earnestness 
and fervour to the admonitions of the clergyman, 
srrel he was seen to clasp his hands together the 

iiwfcust 



MITCHELL — PATCH. 2lT 

Instant the rope was fixed. He was not allowed to 
remain long on the scaffold, as he Was tied up al- 
most on*the instant after he came up. After the 
drop fell, he exhibited several times the appearance 
of feeling great pain j as he swung round twice, 
which was occasioned by the violenc&ofthe convul- 
sive struggles he sustained. His body was, after 
hanging the usual time, cut down, and taken to 
BartholomewVhospital for dissection. 
MOODY, MARTIN. See Hook* Samuel* 



N. 
NICHOLAS, ABRM. See Smith, Roim 

P. 

PARNELL, MARY. See Cubitt, Wm. 

PATCH, RICHARD, (murderer.) a broad- 
Shouldered athletic rnan, about 5 feet 7 inches high, 
and strong made in proportion, who, in the. commis- 
sion of the crime which brought him to an untimely 
end evinced consummate hypocrisy and base ingrati- 
tude ; and in the manner in which he suffered for 
the same, a most morose and sullen disposition^ 
He was born in the year 1770, at the village of 
Heavy tree,,pevonshire, within two miles of Exeter, 
This family* had a name somewhat respectable 
among the yeomen of the country. The grand- 
father of Patch had a freehold estate in land, of the 
value of 50/. per annum, in a neighbouring vil- 
lage. His father, according to the custom of many 
of the petty farmers who reside* on the sea -coast 
in the distant counties^ was a smuggler, He was 
tol, it. v noticed 



JSfS rATCH. 

noticed in his time for a fierceness and intrepidity 
peculiar to this class of 'men. Many feats are yet 
reJated of his dexterity and enterprise in eluding 
and daring the officers of the excise. He h?s been 
said frequently to have cut bis way through bodies 
of this military police, and to have spread stich a, 
terror by his name, that it was often judged safer to 
connive at, than to resist, his depredations of the 
revenue, Richard Patch's mother was a woman 
respected and estimable in her condition. But as 
the life of a smuggler is a scene of constant hazards 
an<& escapes, his father was at length laid hold 
upon by the officers of the revenue, condemned in 
heavy tines, and sentenced to imprisonment for 
twelve months in the new gaol at Exeter. When 
the period of his confinement was at an end, he did 
uot, however, desert his station in the prison j but 
was engaged by the keeper as one of the turnkeys. 
In this situation he died, leaving several children ; 
th-e eldest of whom was Richard, who had been 
fo-ouiKi apprentice fo a butcher at Ebmere, a small 
village* the most notorious in Devonshire for the f)a- 
gkiousness of the manners and morals of its inhabi- 
tants. Nothing perhaps contributed to taint his 
mind more in early youth than the excessive indul- 
gence of hk father. His pockets were perpetually 
Jlled with money, which consequently, produced in- 
dolence, riot, and dissipation. Upon the death of 
the elder Patch, ibis his son succeeded to the above- 
mentioned estate. He now quitted the trade of a 
butcher and commenced farmer, uniting with his 
own paternal estate, a small farm which he rented. 
It seems, however* that he farmed with little or no 
success, as he was soon obliged to mortgage his 
.estate for more than one half of its value. Some 
ygarsj however, were passed at Ebmere, when an ac- 
cident 



*>ATCH. \2% 

cldent drove him from his home. From motives, 
which it is unnecessary to examine, he had qnar* 
relied with the rector of his parish, and, in order to 
be revenged, he removed the produce or his farm 
from off his land, without setting out the tenths for 
the rector. In other words, he refused to pay the 
tithes. The consequence was a lawsuit, and 
an immediate action in the exchequer. Patch, 
shuddering at the cxpence of the litigation and the 
certain result which awaited him, and perhaps some* 
what embarrassed in his circumstances, quitted De* 
vonshirc in the spring or the year i8ov Upon 
his coming to London, he immediately presented 
himself at Mr. Blight's, with whom his sister, at 
that time, lived as a menial servant ; together with 
a brother of his (of whom it is somewhat extraor* 
d.nary that no mention was made in the course of 
his trial,) who was brought up a baker, bur, for 
some reasons which it is unnecessary t© enter into, 
was now in the service of Mr. Blight, as a kind of 
overseer or superintendent in the shipping business* 
It must here be observed, that Mr. Blight had for- 
merly been a West- India merchant, arjd-had failed ; 
upon which he engaged in the ship-breaking busi- 
ness, and was at this time carrying it on with great 
success. His embarrassment, in fact, arose trom 
the severity and prosecution of certain trustees, 
who acted for his former creditors j thus his old 
debts, during the time in which he was engaged 
in £he West -India business, weighed him down, 
and not any contracted in his new occupation. 
Patch had not long entered the service of Mr. 
Blight, when, from jealousy or some uneasiness, 
his brother quitted it. He had been disappointed 
. in endeavouring to set up for himself in the busi- 
ness of a baker to which he was bred 5 rind thi* 
V 2 mortification 



&2Q PATCHY 

mortification, perhaps aggravated by the conduct 
of his brother Richard, excited such a disgust in 
'hismind, that he immediately went to sea, and sailed 
to the Wast-Xndies, where he soon died a victim to 
the yellow fever Soon after Richard had engaged 
with iVir Blight, he naturaily cast a look towards 
liis estate in Devonshire, and commenced a journey 
into thai country for the purpose of making an ar- 
rangement respecting it. Accordingly, in 1804, he 
disposed of his land $ from which, having .first been 
oblige* to clear off* every embarrassment', he re- 
ceived a net sum of 350/. Two hundred and 
lift j of this Mr, Blight received, for the purpose 
liereaiter mentioned ; and the remaining hundred 
pound.- passed "through the hands of hi* bankers, 
whom he probably constituted as such, upon the 
creuit orchis money. The next. year 1805, on the 
23d Sept. Mr.' Blight, who was induced t6 come to 
town by means oi Mr. Patch, during the absence 
of the latter, was mortally wounded by a pistol, 
which was ^ecretiy fired at him, and which occa- 
sioned his dearh the next lay The case was par- 
ticularly enquired into by A. Graham, esq. the 
magistrate, who, suspecting Patch of the horrid 
inurder cf his friend and master, committed him 
to prison, and his trial came on at the Surry assizes, 
continued by adjournment to Horsemonger-lane, 
in the Borough, Saturday, April 5, 1806. , So 
great was the interest excited by the approaching 
investigation, that by five o'clock in the morning, 
a vast poncouise of the populace had surrounded 
the avenues .to the Session house, Horsemonger- 
lane. On the opening of the court, it was with 
the utmost difiicuhy that the law-officers, and 
others whose appearance was necessary, could ob- 
tain an entrance. The persons of rank who obtained 

admission 



PATCH. 221 

admission were, the Dukes of Sussex, Cumber* 
land, and Orleans ; Lords Portsmouth, Grantley, 
Cranley, Montford, William Russell, Deerhnrst, 
and G. Seymour; Sir John Frederick, Sir John 
Shelley, Sir Thomas Turton, Sir William Clayton, 
Sir J. Mawbey ; Count Woronzow, the Rus>ian 
Ambassador, and his secretary. The magistrates, 
who had met for that purpose the preceding Wed- 
nesday, had made every accommodation that the 
court would admit of : it was floored and lined 
with matting ; and the upper parts covered with 
green b lize. New railing was pur up on the sides 
and rear, and a box fitted up for the Royal family. 
The prisoner was conducted into court soon after 
nine o'clock, and took his station ar*rhe bar, at- 
tended by two or three friends. He was. genteeiy 
dressed in black, and perfect composure marked his 
countenance and manner. Precisely at ten o'clock,. 
theLoid Chief Baron Macdonald took his seat on 
the bench j and the business of the commission 
was opned by arraigning the prisoner in the usual 
form. To tne indictment he pleaded, in an audible 
voice, * Not Guilty* and put himself on his country. 
He peiemptorily challenged three jurors; after 
which a jury weresworn, the indictment read, and 
the case briefly opened by Mr. Pooler. Mr. Gar- 
row, as leading counsel for the prosecution, began 
by touching upon the awful nature of the duty 
imposed upon him— the necessity of thjr jury at- 
tending to the evidence with the utmost care. He 
noticed and deplored, the long details which had 
been published upon the subject, and begged the 
jury to dismiss them from their minds. He then 
said, he should proceed 'to sta»e the relative Situa- 
tion of the prisoner and the deceased, and the .na- 
ture of * ne premises where the transaction took 
v % j lace. 



222 V&TC1U 

place. From the account he should give of the 
premises, it would result that it was absolutely im- 
possible that the deceased could have met with his 
death from any other hand — he should then detail 
other circumstances, whence the same result mu?t 
necessarily follow. Mr. Garrow proceeded to state 
that Mr. Blight was a ship breaker j that he had 
a sister of the prisoner for his servant, in the spring 
of 1803 ; that the prisoner visited his sister j ex- 
pressed himself distressed, and entered into Mr. 
BlightVservice for mere victuals an J drink: after- 
ward he had a salary. Mr. G. then detailed the 
the circumstances of Mr. Blight's having been in 
embarrassed circumstances, and of having made 
some nominal transfer to the prisoner in 1803. Last 
August, Mr. Blight went to Margate; the piisoner 
conducted his business, and was to receive one-third 
of the profits, for which he was to pay 1250/. — 1 
2,50/. he' did pay, and for the remainder, he gave a 
draft for 1000/. on one Groom. On the i6ih 
of September, he said that Groom could not take 
the draft up. A fresh one was given, which 
was to be due September 20. On the 19th of Sep- 
tember,. Mr. Blight went to Margate ; the prisoner 
was left at Deptford, and in the evening sent the 
servant, Kitchener, for oysters. While she was 
absent, a gun was fired through the shutters; which 
gun, Mr. Garrow said, he meant to say was not 
ifiredbyany enemy, but by the prisoner with a 
view to the fatal catastrophe. From the nature of 
the premises, no person could escape from the gate 
N nor. by water. On the next day the prisoner wrote 
to Blight, giving him an account of the transac- 
tion, and concluded by saying, that he should be 
glad to see him. Blight arrived in town on the 
33d of September j the prisoner did not say that 

the 



PATCH. ' 223 

the 1000/. draught was not taken up, but led the 
deceased to believe the money was safe: he then 
went to London, with a strict charge from Mr. 
Blight to bring the money with him. On his re- 
turn they spent the evening together, and (for the 
first time) in the back parlour, where the deceased 
was shot. At eight o'clock the prisoner quitted 
the deceased, went to Kitchener, and asked tor the 
key of the counting house, stating himself to be 
ill. He went through the counting house to the 
privy, and shut the door hard. Kitchener instantly 
(as she says) saw the Ihsh of the pistol, -and Blight 
came into the kitchen wounded. She rushed out, 
and shut the street-door. The difficulty here was, 
that she>hould have heard the privy-door shut, and 
the pistol flash at the parlor-door at the same moment. 
The prisoner came in immediately to Blight. Mr. 
Garrow then proceeded to state, that when the sur- 
geon, Mr. Ashley Cooper, was called in, he a^ed 
the,deceased whom he suspected ? the answer was, Mr. 
Patch tells me he has reason to suspect one Webster. 
But Mr. Garrow said, he would prove that he was 
not the murderer, by showing where he was at the 
time : he named another person of the name of 
Clarke, because he had had a quarrel with Blight; 
but this man also would be proved to have been else- 
where. Mr. Garrow next proceeded to dwell upon 
the motives that could have induced the prisoner 
to commit the murder. He wished to possess part 
of the business, but without payment of the consi- 
deration money. In all his representations about 
the draft for 1000/. there was not one word of truth. 
What was his conduct subsequent to the fatal 
event ? He told Mrs. Blight the 1000/. was paid, 
and got the papers relative to the business from 
Mrs. Blight : he talked to the witness, Kitchener, 

as 



24 PATCH. 

as to what she should say. He was in the uniform 
practice of wearing boots ; but he should prove 
that when Blight was murdered, he had shoes and 
stockings j the stockings were afterwards found in 
his sleeping-room, plastered with mud, such as was 
on the wharf. The pistol he could not produce, 
but the ramrod was found in the privy, The first 
witness called was Mr. Richard Frost, a publican, 
who kept the Dock and Duck. The first part of 
his testimony (tor he was called in a second time) 
related merely to the fact of the death of Mr. 
Blight. Restated, that, on the morning of the 
23d September last, he was sent for by the prisoner 
in consequence of the deceased having been killed 
by a pistol-shot; he went and found him leaning 
on his hands and wounded. Mr. Ashley Cooper 
said, he was called in to the assistance of Mr. Blight. 
Upon examining him, he found he had received 
a wound near the navel, and another in the groin. 
He observed that they were gun shot wounds ; and 
as the body of the deceased was considerably infla- 
ted, he pronounced them mortal: he observed the 
bowels coming through the wounds. The next 
morning, Patch came to him, said the deceased was 
in extreme pain, and wished to know whether any 
thing could be done for him. The witness told 
him he feared there could not. This was about 
seven in the morning. He rose and went to him, 
and found him in a very swolen state. He pro- 
mised to return in the afternoon with a physician* 
He went to town, and came back with Dr. Bar 
rington ; but Mr. Blight had been dead about thrtt 
quarters of an hour- He had not the smallest doubt 
that the wounds were the occasion oi his death. 
R ohaid Frost was again called up to speak to the 
£..ng of the gun. He stated, that on Thuisday, 

the 



PATCH. 2$5 

the 19th, there was the report of the firing of a gui} 
at Mr. Blight's house $ he went out. to ascertain 
the cause, but did npt'perceive any person coming 
from the premise ; and he was jri a situation in 
which, had the person who fire i it attempted tc> 
make his esca, e, he mu^t have observed him : it 
was about tight o'clock in the evening, and it was 
dark - 9 but he was near enough to have seen any 
one run away, or clirwbthb wall. Miss Anne Da- 
vis and Miss Martha Davis, sifters, who happening 
to be walking by the premises in a difFerem direc- 
tion fiom the last witness, stated, that they alsq 
saw the flash, and heard the report or a gun, and 
must have seen any person attempting to escape 5 
but all was quiet, and they concluded that the gun 
was fired by some one on the premises After this 
head of evidence, to establish th t the gun fired on 
the Thursday preceding the death of Mr Bnght, 
was not by any stranger, but by the prisoner, wit- 
nesses were then called to relate the circumstances 
which occurred on the 23d. Mr. Michael Wright 
stated, that he was going past Mr. Blight's house a 
|ittic after eight, when he heard the report of a, 
pistol in the house ; and having become acquainted 
fay the rumour ot the former attempt, he was in- 
duced to go up to the house with a view to offer 
his assistance : he knocked for some time, and was 
pot admitted 5 but insisting on having the door 
opened, Mr. Patch made his appearance,' and began 
informing him what a dreadful accident had hap- 
pened. The witness was impatient at hearing this 
story : he thought that some mean's should be ra- 
ther adopted to pursue the murderer, and recom- 
mended Patch to commission him to apply to Bow- 
street j as an enquiry taking place instantly after 
the assassination would most probably be attended 

5 with 



526 PATCH. 

with success. Patch seemed reluctant, and thought 
that no good effect could result from it.- The 1 wit- 
ness was rather indignant at his assistance not being 
accepted, and therefore went away. Hester Kitch- 
ener's evidence applied to the two days. She stated, 
that on the 1.9th she had been ordered by the pri- 
soner to shut up the shutters of the house eaiiier 
than usual. Wzv master and mistress were then at 
Margate. At eight o'clock, the prisoner sent her 
out tor some oysters 5 and, as she returned, she 
heard the report of a gun ; but through the court- 
yard, the only passage to the house, she did not see 
any one. When she saw Patch, he cried out, ({ Oh, 
Hester, I have been shot at !" She rejoined, '* Lord 
forbid'/* They then looked for the ball, which 
she found. The witness continued to state that her 
master returned to town on the Monday morning 5 
^hat in the evening he and the prisoner drank tea 
together in the back parlour, and afterwards had 
some grog. Her master was 'fat.igued> heavy, and 
sleepy with his journey and the liquor. Patch came 
down in a hurry to hei in the kitchen, and, com- 
plaining of a pain in his bowels, wanted a light to 
go into the yard. She gave it to him, as also a key 
of the counting house, through which it was neces- 
sary he shou'kl pass. She heard him enter the back 
place and slam the door after him, and immedi- 
ately she heard the report of a pibtol. Her master 
ran. down into the kitchen, exclaiming, *« Oh, 
Hestei, I am a dead man V and supported him- 
self upon the dresser. She ran ( up to shut the door j 
and as she was half way down the passage, on her 
return, she heard Patch knocking violently for ad- 
mittance. He asked what was the matter ; she 
told him ; on which he went down and offered his 
assistance. He asked the deceased, if he knew of 

7 any 



PATCH. 227 

any one who could owe him a grudge? Mr. Blight 
answered him, No, as he was not at enmity with 
any man in the world. Mr. Christopher Morgan 
was passing by when the fatal shot was fired $ he 
went to the house, and saw Mr. Blight, lying in a 
wounded situation, and recommended Mr. Patch, 
in the first instance, to search the premises ail over. 
Patch told him, and his friend Mr. Berry, who was 
with Mr. M, to go and search an old ship that 
was off the wharf, as he had reason to think that 
the perpretator might have escaped there ; for he 
heard a noise in that direction on the night when 
the gun was previously fired. They went, but 
found that the ship was lying at the distance of six- 
teen feet from the wharf; that it was low water; 
that from the top of the wharf to the mud was ten 
ieet ; that the soil was soft mud, arftl that any one 
who might attempt to escape that way must have 
been up to his middle $ besides, the mud did not bear 
the appearance of any one having passed through 
it $ he was therefore perfectly convinced that no one 
escaped over the wharf towards the water. Mr. 
Berry corroborated this evidence. Six other per- 
sons, who happened to be in different directions 
leading from Mr. Blight's house to the public 
roads, most distinctly proved, that when the shot 
was fired, which killed Mr. Blight, every thing was 
quiet ou the outside of the premises 5 that there 
was no appearance of any person attempting to 
escape ; and if there had, that there was no possi- 
bility of his eluding observation. The next series 
of evidence went to infer, that the prisoner was 
carrying on a system of delusion and fraud against 
the deceased, in respect to certain pecuniary trans- 
actions between them. Jt was proved by Mrs. 
Blight, the deceased's widow, that her husband, 

wh» 



228 fATCXl. 

had fallen into some embarrassments, had, in order 
to mask his property, made a "nominal assignment 
of it to Patch : but the assignment was not to be 
carried into effect, unless the trustees of bis < recti - 
tors should, as he apprehended, become importu- 
nate. This confidential assignment Patch- wished 
to convert into an ahsolute sale for consideration 
given on his part i but Mrs. Blight declared, that 
he had never paid her husband any money, except- 
ing 250/. part of 1,250/, the consideration for a 
*hare of his business. The next strong branch 
of evidence, referred to the stockings which the pri- 
soner had on the night that Mr, Blight lost his 
life. It was proved that he generally wore boots ; 
but the witnesses' memory enabled them to say, 
that he had white stockings on during the evening 
of the 23d. Mr. Stafford, of the Police-office^ 
stated, that on examining the bed-room of Mr. 
Patch, they were folded up like a clean pair ; but 
that on opening them, the soles appeared dirty, as 
if a person had walked in them without shoes : the 
inference from this was, that the prisoner had taken 
off his shoes in order-that he might walk out of the 
necessary without being heard by the maid. The 
last important fact was, the discovery of the ram- 
rod of a pistol in the privy, and the proof that 
that place had not recently been visited by any 
person suffering under a bowel complaint. This, 
and a vast variety of circumstantial evidence, con- 
cluded the case on the part of the crown. The 
prisoner, being called upon for his defence, deli- 
vered in a long and elaborate address, supposed to 
have been written by his counsel 5 which here- 
quested might be read by the officer of the court : 
it began by^ thanking the learned judge for moving 
his trial from a place where prejudice might have 

operated 



PATCH, A 229 

operated against him 5 complained much of that 
prejudice having been excited against him by pre- 
mature reports in the public journals; and then 
entered into a general train of argument, inferring 
that in a case of life and death, juries ought not .to 
convict upon circumstantial evidence ; the -more 
especially where they appeared, as in the present 
case, so dubious. He stated, that whatever might 
be the result of their judgment upon the evidence, 
it was almost a matter of indifference to him on his 
own account ; for he was borne down and subdued 
by the unjust prejudices of the public, by the long 
imprisonment he had endured, and by the enormous 
expences to which he had been subjected. ; but he 
had those relations who made life dear to him : he 
had children who looked uptohimfor support, and 
who would not only be dishonoured, but ruined, 
by his death., The only evidence which he adduced 
was, that of three persons, who spoke to his general 
character. The Lord Chief Baron summed up the 
, evidence in the most perspicuous manner, occupying 
nearly two hours in commenting upon every part 
of it. The jury then retired for about a quarter of 
an hour, and returned with a verdict of— Guilty, 
His lordship then proceeded to pronounce the awful 
sentence of the law; — He observed, that the pri* 
soner had begun his career of guilt in a system of 
fraud towards his friend \ he had continued it in in- 
gratitude, and had terminated it in blood. He then 
directed that he should he executed on Monday, 
and that his body should be delivered for direc- 
tion. During the whole of his trial this criminal 
never betrayed the slightest symptom of embarrass- 
ment : his appearance evinced a seeming compo* 
sure, which innocence alone could manifest, or the 
.most -consummate villainy could counterfeit. He 
x also 



230 PATCH. 

also heard the dreadful sentence with a degree of 
sullen composure, bordering upon apathy, as if he 
had previously made up his mind to the event. The 
execution was, however, deferred till the next morn- 
ing (Tuesday,) it being deemed advisable that he 
should suffer in common with a man and .his wife, 
Benjamin an<l Sarah Herring, who had been con- 
victed at Kingston, March i8, of coining shil- 
lings, dollars, half-crowns, and sixpences, in order 
to obviate the inconvenience of having two public 
executions following each other so closely. It was 
in consequence of this suggestion of Mr. Ives to 
the Chief Baron (who with the Dukes of Sussex 
and Gloucester retired to his house after the trial,) 
that his lordship was induced to order the respite, 
which he wrote thus on the margin of the first 
order for execution : — * Let execution be respited 
till Tuesday, the 8th day of April, 1806. 

A. MACDONALD.' 
After condemnation, Patch remained perfectly 
calm and unembarrassed. He slept well during the 
greater part of Saturday night ] rose at nine o'clock: 
the next morning j breakfasted on tea and toast, 
and attended divine service at half-past ten. About 
a quarter before eleven, the Rev. Mr. Mann, the 
ordinary, preached the condemned sermon, in a 
style the most impressive and affecting ; to which 
Mr. Patch paid the necessary and becoming atten- 
tion. On hi*: return to his cell, the prisoner, for a 
few moments, looked stcdfastly at Mr. Case, the 
turnkey, and then said, ' I am innocent,* but did 
not attempt to utter another word. At two o'clock. 
he dined, and made a hearty meal, and appeared 
as composed as usual during the remainder of tke 
day. He continued to preserve a sullen silence, 
Utuil Monday afternoon, when that composure 

.which 



PATCH. 531 

which marked his countenance, the fortitude and 
cold apathy of indifference, left him. He was in- 
formed, by the ordinary of the gaol, that his 
friends approached to take their farewel of him for 
«ver, when he gave up all hopes of a reprieve, and 
exclaimed, * is no mercy-to be expected V His re- 
lations, viz. his sister, who had lived with -Mr. 
Blight, another youngei brother, who bore a strong 
resemblance in person to the unfortunate man, and 
a brother in-law, with his wife, a nephew, and 
another distant relation, were admitted to him, 
and remained with him until three o'clock, when 
they took their last farewel. Patch was row most 
sensibly affected, and the scene was truly distressing. 
He embraced each of his relatives, and wept bit- 
terly, clinging to them until the moment had ar- 
rived when their absence was required. After this 
affecting scene, Mr Ives, the governor of the 
prison, went to his cell, and Patch here uttered an 
expression adequate to a confession of his guilt. 
He said, ' I have confessed my sins to God j man 
can give me no relief." This day he was also vi- 
sited by the Rev. Mr. Mann, and three dissenting 
in misters. In their interviews with him, he evinced 
the strongest proofs of a penitent sinner ; but in- 
variably declined to give any answer to the urgent 
entreaties of the clergymen, to acknowledge the 
crime for which he was to die. Mr. Mann remained 
with him until a late hour on Monday everting. 
Mr. Graham, the magistrate who committed him 
to prison, /was the last person admitted to see him 
on thif night. Before they parted, Mr. Patch took 
him by the hand, and said emphatically, * We shall, 
I trust, meet in Heaven.* The three dissenting 
ministers remained with him all night; during the 
whole of which, he appeared extremely penitent 
xz ami 



232 PATCH, 

and devout. In the course of the night, he took 
a few glasses of wine* and about two o'clock, hav<- 
ing become much exhausted, he laid down upon 
his bed. The dissenting ministers remained by his 
side until four o'clock j when he arose and drank 
two cups of tea, with which he appeared somewhat 
refreshed. About half- past six o'clock on Tuesday 
morning, the Rev Mr. Mann, and the curate of 
the Rev. Rowland Hill, came to the prison; and 
-after a short interview with Patch, they, and Her- 
ring and his wife, were conducted to the chapel. 
Patch and Herring went with the Rev. Mr. Mann 
to the altar, arid resumed their devotions; the wo- 
man, being a Roman Catholic, went to the ld% 
side of the chapel, with a priest, the Rev. Mr. 
Griffiths. At eight o'clock, Patch and Herring 
received the sacrament/ At thirteen minutes past 
eight, Herring came out of the chapel into the 
prison, where Jack Ketch, of Newgate, was in 
waiting to 'knock off his irons. On his return to 
the chapel, Patch came out, at seventeen minutes 
past eight, for the same purpose. He was dressed 
in a good suit of mourning, and appeared in excel- 
lent health. He stood firm, and with very great com r 
posure, while the hangman was tying his arms: 
After this process, he returned with a firm step to 
the chapel, and resumed his devotions. His florid 
look never forsook him, but these arose from his 
constitutional formation , his lips, however, were 
pale enough to indicate the distracted state of his 
mind About five minutes before nine o'clock, the 
high sheriff, the under sheriff, their officers "unci 
attendants, with their wands, came to rue door of 
the chapel, and demanded the bodies of the unfor- 
tunate sufferers : and immediately after, they be- 
gan to move in the usual order, followed by Mr. 

Ives 



PATCH. 233 

Ives the keeper of the prison. Fir<t ? came Herring 
and his wife, and next Patch, with Jack Ketch on his 
right, carrying in his right-hand a cutlass. When 
tluy got to the open yard, Herring and his wife 
were placed in a sledge, and drawn. to the entrance 
of the staircase leading to the apparatus for the 
execution. Herring and his wife ascended the 
stairs with as much firmness as could be expected. 
Patch displayed his usual intrepidity. While 
Jack Ketch was in the act of fastening the ropes, 
the Rev. Mr. Mann a tended Patch, and, for the 
jast time, attempted to draw from him a confession, 
but with no better success. The sheriff then went 
to him and entreated him to confess j but he sted- 
fastiy refused. At this time the cap was drawn 
down upon his face, and every thing was prepared 
to launch him into eternity. Apparently displeased 
at being pressed so much upon the subject, he now 
threw himselr considerably back with impatience. 
From the violent motion of hi> body, some of the 
spectators supposed that he meant to bieak his 
neck, as *Abershawdid on Kennington Common; 
others apprehended that he was fainting away. Nei- 
ther of these, however appeared to be the case, as 
it was evidently the result of a wis-h to avoid all 
further entreaty. Mr. Ives, observing Patch throw 
himself back, ran to him, and exclaimed* ' My 
good friend, what are you about ?' Mr. Patch, 
took him by the hand, and conversed with hirn for 
about a minute and a halt} and when he was 
losing him, he parted his hand apparently with 
much reluctance. A great anxiety w:^s, at tin's 
moment, expressed by the bye-standers, to know 
whether Mr. Patch had confessed his guilt to Mr. 

* See Vol. 1. 

x 3 Ives, 



£34- patch. 

Ives, m this conversation. Mr. Ives answered, 
with great politeness to all enquirers that he could 
not at present divulge what Mr. Patch had com- 
municated to him, and he persevered in this deter- 
mination, notwithstanding the pressing solicitation 
of one of the magistrates. He said, however, * I 
.believe him to be the man* meaning the man who 
murdered Mr- Blight. At five minutes past nine 
o'clock, the sentence of the law was enforced by 
the falling of the drop. Ths sufferers were sus- 
pended in the following order. At the east end of 
the drop, hung Patch : on his left hand the wo- 
man, and on her left her husband. He appeared 
for the first minute alter he was turned off to be 
quite dead, when he was seized with strong con- 
vulsions, and it was two minutes before he ceased 
to move. His body after hanging the usual time 
was taken to the hospital in the prison, for the 
county surgeon, for the purpose of being dissected. 
The multitude that assembled to witness this awful 
ceremony was said fo be more considerable than, 
even at the- execution of Despard. The next morn- 
ing, the high sheriff waited upon the secretary of 
state, with a copy of the letter written by Patch, 
which was found on the peison of one of his rela- 
tives by Mr. Cave, the pnncipal turnkey of the 
prUon. This letter occupied nearly a whole sheet 
of post paper, and was addressed to a person or per- 
sons said to be implicated in this horrid r rausaction. 
The secret was only known to Mi. Ive-, and the 
high sheriff, on Wednesday noon : to the latter, 
Mr Ives communicated it the same morning about 
nine o'clock. It. is thought that Mr Ives apprised 
Patch, on Monday evening, of hi* having detained 
the letter above alluded to Patch be- raved great 
•motions when this declaration was made to him. 

He 



PATCBM— PERFECT. 235 

He then in fact, acknowledged his guilt, by candidly 
answering two questions put to him by Mr t Ives. 
— * Were the stockings yours that were found soiled 
in your' chamber ?' Answer, — kThey *were. 'Did 
the report of the pistol, and the slamming of the 
privy door, happen at the same moment ?' Answer* 
« — No. Parch wrote other letters besides the one 
found on his sister These letters escaped the 
search of the turnkeys, This fact. Patch admitted 
in a discourse with Mr. Ives. The above-men- 
tioned letter, it is said, was couched in terms rather 
mysterious ; but it nevertheless contained ample 
demonstrations ' of • Patch's guilt, and, indeed^ 
amounted to a full disclosure as related to him- 
self. 

PERFECT, HENRY, (Swindler,) who had 
carried on for several months his depredations on 
the public without detection, under assumed names 
and characters, and whose plans for duping the 
credulous were, perhaps, the most artful that inge- 
nious wickedness could contrive, is the son of a 
clergyman in Leicestershire, and was formerly a 
lieutenant in the 69th regiment of foot. He was 
twice married, and had considerable property with 
each wife. Having been at length found out in his 
impositions, he was indicted on the statute of Geo. 
II. for obtaining money. under false pretences from 
the Earl of Clarendon. His trial, which occupied 
the whole of the day, and excited universal atten- 
tion, came on at the Middlesex sessions, Hick's- 
hall, October 27, 1804. Mr. Gurney, in a very 
able and eloquent address, expatiated on the enor- 
mous guilt of the prisoner, who had personated the 
various and imaginary characters of the Rev. Mr* 
Paul, the F.ev. Daniel Bennet, Mrs. Grant, Mrs. 
Smith, &c. and who also had the art of varying his 

hand- 



23$ VERFfcCT. 

hand-writing on every occasion, having kept notes 
in what hand every original letter had been written, 
with what kind oi water or wax it was sealed, &c. 
&c. He likewise kept his book of accounts as ie- 
gular as any merchant in London. The Earl of 
Clarendon having been at his seat near Wade's 
Mill , Hertfordshire, in the month of July, 1804, 
received a letter, which was read in evidence, and 
was signed H Grant: it v\as in substance as fol- 
lows— -That the writer having heard from a lady, 
whose name she was not at liberty to reveal, the 
most charming charactet of his loidship for kind- 
ness and benevolence, she was induced to lay before 
him a statement of her distressed circumstances. 
The supposed lady then derailed her case, ^hieia 
was, that she was a native of Jamaica, of affluent 
and respectable farntiy j that a young man, a 
Scotchman, and surgeon's mate to a man of war, 
was introduced at her father's house, who so far 
ingratiated himself with her father, that heserioti4y 
recommended him to her ior her husband. She 
did not like him, because he was proud, and for 
ever vaunting oi his high family j but as her fa- 
ther's wili had always bceri a law, she consented* 
on condition that he would live at Jamaica. They 
were accordingly married, and her father gave him 
a 100/. He, howev^v soon became discontented 
with remaining at Jamaica, and continually impor- 
tuned her to go with him to Scotland, and, as her 
friends joined in the solicitation, she consented. 
They had now been ^ix months in England, but 
her husband always evaded going to Scotland, and 
left her whenever she spoke upon the subject. In 
shoit, lie gamed, drank, and committed every ex* 
cess j and within the last six weeks he died in a 
rapid decline, kaving her a widow with two chii 

did.. 



PERFECT,-- 237 

tlrerij and hourly expecting to be delivered of a 
third. A lady had given her such a character of. 
his lordship that she was induced to implore his 
assistance. She was not twenty-three years of age, 
and never knew want till now 5 but she was left" 
without a shilling to support herself and miserable 
chiklien : she owed for her husband's funeral, and 
the apothecary's bill, for which she was afraid of 
being arrested. To avoid this, she was going to 
seek shelter with a poor widow in Essex 5 and if his 
lordship would write to her at the post-office at 
Harlow, if she were brought to bed in the mean 
while, she would get some safe person to go for' 
his lordship's letter. His lordship's answer to this 
letter evinced the mosf. benevolent heart. He ex- 
pressed his readiness to alleviate her distress, but 
justly observed it ought to be authenticated by 
something more than the recital of a perfect stran- 
ger. He desired to know who the lady was who 
had recommended the application to him, and as- 
sured the writer she need not conceal her, for he 
considered it was. doing him a great kindness, to 
afford him the means of rendering service to the 
distressed. On rhe 14.tr] of July, his lordship re- 
ceived a note nearly as follows :-~ -'* Mrs. Smith* 
widow of Capt. Smith, begged leave to inform 
Lord Clarendon, that Mis. Grant was brought to 
bed. It was she who recommended Mrs. Grant to 
Loid Clarendon.: while her husband was living/ 
she had frequently been with him on the recruiting 
service in Hertfordshire, where she had heard of 
the benevolent character of his lordship, and reeoni- 
trended Mrs. Grant to state her case to his lordship. 
She added, that Capt. Smith, when in Jamaica/ 
had frequently visited Mrs. Grant's father, who 
was a. person of great wealth 5 that she had herself 

done 



233 PERFECT. 

done more than she could afford, for an amiable 
and unfortunate young woman. She had no 
doubt, but that as soon as she could receive an 
answer from Jamaica, but that Mis. Grant's father 
would 'send her abundant relief; but, till then, 
she might, without the friendship of some one, be 
totally lost." In consequence of this last note, his 
lordship returned an answer, and inclosed a draft 
for five guineas, offering at the same time to write 
to any person at Harlow who might be of assistance 
to her, particularly to any medical person. On 
July 23d, the supposed Mrs. Grant wrote again to 
his lordship, acknowledged the receipt of 5/. 5*. 
and stated that she had had the offer of a passage 
home: she wished to see his lordship, to return 
her grateful thanks, &c. at the same time she was 
extremely delicate lest their meeting should be 
misconstrued by a malignant world, and intreated 
if may take place at a little distance from town. 
The answer to this letter she begged might be ad- 
dressed to A. B C. at George's Coffee- house, to 
which place she would send for it. PI is lordship, 
at their request, wrote an answer, and appointed the; 
Beli-Inn, at Kiibnrne. Before, however, the arrival 
of the day of meeting, his lordship received another 
letter from Mrs. Grant, stating, that ever since she 
came to town she had met nothing hut trouble. Her 
last child had died, ami she was seized with a milk- 
fever j that she had twelve shillings left of hi* 
lordshipS and Mrs. Smith's bounty, when she came 
to town*; that sue was afraid of coming further 
than Whitechapel, lest her creditors might arrest 
her, where she was at present miserably lodged in 
only one room : she concluded with a request of 
the loan oi 5/= to be inclosed in a note addressed *» 
Mr. Paul, to be left at the Saracen's Head Inn, 

Ald£-tc. 



PERFECT. .23$ 

Aldgate. His lordship, in reply to this note, sent 
the money requested, and with great humanity con- 
doled on her supposed situation. He then purposed 
to /take her into the country, where she might live 
quiet, and free of expcnce, until she heard from her 
friends. The next letter introduced another actor 
on the stage. It came from the Rev. H. Paul. 
Mr. Paul, at the desire of Mrs. Grant (then said 
to be delirious,) acknowledged the receipt of the 
5/. He would write again, and say any thing Mrs, 
Grant might dictate in a lucid interval. He beg- 
ged his answer might be left at the Chapter Coffee 
house. His lordihip accordingly wrote to the Rev. 
H. Paul, with particular enquiries after the state 
of Mrs. Giant, and proposed to send her proper ' 
medical assistance. The Rev. Mr. Paul replied to 
his letter, and stated the nature of Mrs. Grant's 
complaint, which was of a delicate nature. He 
then stated the high notions of Mrs. Grant, who 
would not condescend to see any person from his, 
lordship, in her present wretched state She 
thought her situation such, that it was not delicate 
to admit any one to see her but those absolutely 
necessary. Mr. Paul therefore promised (he said) 
not to divulge her residence j but in her lucid in- 
tervals, she expressed the utmost anxiety to be en- 
abled to thank her benefactor. This correspon- 
dence produced a meeting between the supposed 
Rev. He Paul and his loulship, which took place at 
the Bell Inn, at Kiiburne, on the 8th of August. 
Ti^e prisoner then introduced himself to his lord- 
ship as the Rev. Henry Paul. They entered into 
conversation on the subject of Mrs. Grant, when 
his lordship asked every question as to her situ- 
ation, with a view to alleviate it. Mr. Paul said, 
he had not seen her distinctly, or the curtains were 

close4 



21& PERFECT. 

*> 

closed round her, but the opium had had an effect 
which he had known it frequently to produce : it 
had given her. eyes a more than usual brilliancy ; 
with respect to her lodgings it was a very smalt 
room. The wpman who attended her seemed a 
good sort of a woman enough,, and she was also 
attended, by a surgeon or apothecary. As Mr* . 
Paul seemed to be a man of respectability, his lord- 
ship asked him at what seminary he had -been 
brought ups the prisoner replied, he had been 
educated at Westminster and Oxford, and had the 
living of St. Kitt's in Jamaica, worth about 700/, 
per annum ; that he had property in Ireland, and 
was going to America on private business. To his 
lordship's question how he was sc* fortunate to meet 
this young woman, he said that it was by accident, 
that quite looked like a romance. He was coming 
to town in the Qngar stage, in which was a young 
woman, two children, and a lady all in moaning. 
He entered into conversation with her, and was sur- 
prised to find 'her the daughter of a person at whose 
house, In Jamaica,' he had himself been frequently 
received with kindness, Although his business 
pressed, he determined to stay and afford her some 
assistance* He then stated that he had that day 
given her a 2/ note, which his lordship, at this in- 
terview, returned (being the note onVhich the in~ 
dictment was founded:) He added, that Mrs. 
Grant's father was extremely affluent, and he 
should not wonder if he was to remit 500/. at the 
first intelligence of his daughter's situation. His 
lordship added, that he expressed himself in the 
language of the purest truth and benevolence 5 and 
as he appeared a well educated gentleman^whohad 
seen the world, his lordship had no suspicion of 
any fraud. After this kterview^a correspondence 

ensued 



PERFECT. ' <2"\.\ 

ensued between Mr. Paul and his lordship 5 the 
former Informing his lordship daiiy of (he state of 
Mrs. Grant's health, accompanied with requests 
for linen, poultry, fruit, and wine, all of which, 
were supplied by the bounty. of his lordship. At 
length Mrs. Grant was sufficiently recovered, to 
write to Lord Clarendon ; f in which letter- she re- 
marked, that but for the Icind assistance of the Rev. 
Mr. Paul, she should have been lost. And although 
she was ordered by her medical attendant to keep 
herself perfectly quiet, yet, she sat up in bed to 
write to his lordship, and anticipated the pleasure 
of* meeting her benefactor. The last letter from 
Mr. Paul was dated August 13th. He acknow- 
ledged the receipt of 61. zs. which had been ex- 
pended for Mrs. Grant 5 and informed his lord- 
ship, that the sheets, which had been sent, had by 
some accident been near biimstone, which affected 
Mrs. Grant very much 5 that her situation required 
iine old linen, ii' his, lordship had any such: He 
apologized, if there be any inaccuracy in his letter, 
because he had a bead-acb and some degree offerer. 
The farce now began to draw to its conclusion.— 
His lordship received another letter from Mrs. 
Grant, dated Saturday, August nth, in which the 
supposed lady said :— Ci Last Saturday, her jfatj^js 
sister came to town, and found her out : She 'was 
a sour old lady, a man-hater, and snarled at the 
whole sex. She had 'taken Mrs. G. into the coun- 
try with her, although she was removed at the peri! 
of her life. The lady she was with was nearly as 
bad as her aunt 5 but, as the latter was going out 
for a few days, her Argus wouid let her come to 
town, which would enable .'Jier to meet his lordship. 
As her ill-tempered aunt had given her neither mo- 
ney nor'cHhes, she begged 4/. of his lordship. If 
y this 



212 PEUFECT. 

this opportunity was lost, she should never be able 
to see him, as her aunt was a vigilant guarded wo- 
man, and hated the men so much, that at the first 
entrance into her room, rinding the Rev. Mr. Paul 
there, she most grossly affronted him. She could 
not have any letter addressed in her own name, lest 
it should fall into the hands of her aunt, and there- 
fore begged his lordship to direct to Mrs. Harriet, 
Post office, Waltham." His lordship in his answer 
to this letter, expressed some suspicions that he had 
been duped ; in answer to which Mrs. Grant 
thanked Lord Clarendon for his favours, was sorry 
to think, he should conceive himself duped, but he 
would find his mistake when she got home to the 
West Indies. In a postscript, she added, " That 
best of men, Mr. Paul, died suddenly on Saturday 
last." This closed the intercourse between his 
lordship and his correspondents, Mrs. Grant and 
Mi*. Paul. Soon afterwards he received another 
letter from a Rev. Mr. Bennett, setting forth a de- 
plorable tale of misery ; but his suspicions being 
awakened, he employed his steward to trace the 
supposed Rev. Mr. Bennett ; when it turned out 
to be the prisoner at the bar, who had imposed 
himself OR his lordship as the Rev. Mr. Paul, that 
" best OF men, whom Mrs. Grant stated to 
have died suddenly :" His lodgings being searched, 
two books were found in his hand-writing, one of 
them an account of money received (by which it 
appeared, that he had plundered the public to the 
amount $>f 488/. witjhin the last two years,) with 
a list of the donors' names, among whom were the 
Duchess of Beaufort, Lord Willoughby de Broke, 
Lady Scarsdale, Lord Littleton, Lady Howard, 
JLady Mary Duncan, Bishops of London, Salisbury, 
andDuiham, Earls of Kingston and Radnor, Lord 

C.Spen- 



PERFECT— -PRENDERGAST. 2*3 

C. Spencer, Lord De Dunstanville, Hon. Mrs, 
Fox, Lady Ford, Lady T.Long-, Admiral Dou- 
glas, Dr. Latham, Sir Walter Farquhar, Messrs. 
Barclay, Sewell, Hodges, Tolemache, &c- The 
other book was an outline, or transcript of all the 
letters he wrote, with memoranda in what hands he 
wrote them. Thus, Mrs., Grant's first letter had 
the following note — small running hand—Mrs. 
Smith's, left band— Mr. Paul's, large right-band 
flourished — so that, by referring to these notes, he 
always preserved consistency in his feigned hands. 
The jury found the prisoner — guilty, and the court 
immediately sentenced him to seven years trans- 
portation. There were several other indictments 
against hira 5 but being convicted of this, they 
were not proceeded upon. The prisoner then be- 
tween fifty and sixty years of age, was dressed like 
a clergyman, his appearance very respectable, and 
his countenance intelligent. He was sent in the 
William Pitt, which sailed with the East India, 
convoy for Botany-Bay, April, 1805. 

POPE, JOHN. SeeMAYCOCK, J. 

PRENDERGAST, PATRICK, (burglary) 
was a native of Ireland aged 56, who was convicted 
at the Old Bailey, January 16, 1807, before Mr. 
Justice Chambre, of breaking open, and robbing 
the hou.se of Mr. George Bell, of Brent-Bridge, 
on the Edgware-Road, Middlesex. This burglary 
was attended with circumstances of such base in- 
gratitude as considerably aggravated the offenders 
crime. His daughter, (Catherine Prendergast) and 
James Hayes, a soldier in the Isle of Wight, were 
also indicted for the same The first .witness was 
George Bell, the prosecutor, a venerable oid man, 
seemingly near 90, tottering under the weight of 
years, and scarcely possessing strength enough t« 
Y * deliver 



244? PRE.NI>ERGAST. 

deliver his evidence. The Court, commiserating 
his languid state, ordered him some brandy and 
water, and a chair to sit on. He said, that |ie had 
lived at Brent^bndge 28 years j that Catherine 
Prendergast, one of the prisoners, and daughter to 
Patrick, another of them, Was his housekeeper and 
general servant j and that Patrick, her father, 
was well known to him, as he worked for some 
time with a Mr. Erankland, one of his neigh- 
bours, and called at the witness's house every 
other day to see his daughter, when the witness 
always ordered him some victuals, and a pint of 
beer. About one in the morning," on the 19th 
of September, he heard a rapping or shaking at 
his bedchamber window, which is up one pair of 
stairs, In the front of the house. He got out of 
bed, went to the window, saw a ladder raised 
against ft, and a man, whom be knew to be the 
prisoner Prendergast, ascending the ladder and 
then about half-way up, with a lighted torch in 
his hand. He seized a sword that was in his 
room, for his defence : the prisoner endeavoured 
to raise the window, but he kept down the sash 
with his left hand: he could have put the pri- 
soner to death, but he thought that as his h,ands 
had hitherto been free from blood, he would not 
shed blood now. 'The prisoner unable to raise 
the sash, began to smash the glass with his hand, 
and, unable ro burst the frame that way, he came 
to the top of the ladder, supported by some others 
of a number of men whom the witness saw in the 
court behind him, and getting his feet even with 
the sa-h, kicked it in, came after it, and by striking 
the witness accidentally with his feet on the legs, 
threw him on his back. He was immediately fol- 
lowed into the room by three others. Prendergast 

bade 



PR END ERG AST. 24$ 

b$de him return into bed, and nobody would hurt 
him j but said they must have his treasure, to hear 
travelling charges. They surrounded him in bed j 
and he knew well the piisorieis' faces. They then 
said he must come down stairs, and shew ihem 
where his treasure Jay. Prendergast rai-.ed him 
from the bed by botSi hands. He called out to his 
Servant Kitty for a light : she was so long coming* 
they were impatient ■ it was at length brought, and 
they took him uown sia;rs. On his way to the par- 
lour, past the outer door, the prisoners made him 
unlock ir, and several other men ru>hcd in. They 
were shewn the bureau where his treasure was : 
th y broke it open with a . itchfork, and took away 
three pocket books, containing six guineas in gold, 
some bank-notes, and two notes oi hand, the one 
for 50/. the odier tor 26/. They took aU> a 
silver coffee- pot, twelve tea spoons with *ome cas- 
tors. There was a Mrs. Lewis, who slept in the 
back room adjo ning his, who, on hearing the so- 
bers, threw up the sash, which opened towards the 
Edgware Road, and cred out murder and thieves. 
They threatened to blow her brains out, if she did 
Hot keepsilent. He was positive as to Prendergast, 
as his face was not disguised, One o* the men had 
a black face , his features were ,vei\ much like 
Prendeigast's son, but the witness would not swear 
to him. The reason witness did not charge Pa* 
, trick next morning with the robbery was, that he 
thought no one would believe any charge of so 
much ingratitude, and hetvafted in hopes of stronger 
proofs. The prisonei called at his house in two 
days after, and received his usual pint of beer and 
coid meat j and the daughter lived with him until 
after her father was taken up. There was, besides 
Mis. Lewis, also a Mrs. Aikenhead iu the house, 
Y3 edging 



245 PRENDEHGAST. 

lodging for her health. In addition to this testi- 
mony it further appeared from the evidence of Mrs. 
Aikenbead, that her watch was taken from under 
her pillow, when she fled up to the maid's garret, 
to avoid being murdered. Christopher Jones, one 
of the Bow-street patrole, proved his having taken 
Prendergast on the 17th of December, at two in 
the morning, in Hart-street, Bloomsbury, with a 
silver coffee-pot under his arm, which appeared to 
be that of which Mr, Bell was robbed \ and said 
that he confessed the robbery as he walked on to- 
wards the house of correction. Michael Lee corro- 
borated this testimony 5 and that no offeror allure- 
-ment was held out to induce him to confess. The 
lid had been taken off by Prendergast, and of- 
fered to a pawnbroker for sale, but he stopped it 
until a proper voucher should be brought him. 
Baker, a police-officer, apprehended Hayes, on the 
4th of January, 1806, and Elizabeth Purcell, a 
widow who lived in Bainbridge- street, St. Giles's, 
stated, that he had lodged with her half a year, 
and came on the 18th of November, at eleven at 
night, to her late husbai:cl, when he said he was 
going- to sea, could not pay the money he owed 
him, that he was suspected of a robbery, that he 
would trust his life in his hands, that he knew who 
the robbers were, that the booty and the person 
who had it were in the neighbourhood ; and that 
he wrote down in a book the names of John Gor- 
man, Patrick Prendergast, Andy Hayes, James 
Hayes (the prisoner,) who lived at Foxgate with 
Mr. Frankland, and John Connor. There was 
another person with the prisoner Hayes, but, as 
she was in bed, she did not see him. James Sulli- 
van, a dyer, said he was that person, aria 1 heard 
Hayes give in the names, which were written by 

Purccli $ 



PRENDERGAST. 247 

Purcell ; but Hayes said at the time he was inno- 
cent. This was the principle evidence. There 
was not the slightest proof of guilt, or even any 
colour of it, against Catharine P'rendergasr. The 
other prisoners being called on for their defence, 
both at first denied the facts. Prendergast,. how- 
ever, at last said he would tell the truth. He assert- 
ed- his own innocence as to the robbery, observing, 
that, if he and his daughter had any mind to rob 
Mr. Bell, they might have done it any hour of the 
day or night, without gathering such a mob of va- 
gabonds round him to share the booty. - He owned 
however s that the day before the robbery, he heard 
those men, one of whom was the prisoner, Hayes, 
talking about the robbery in the fields when they 
were making hay, and they wanted him to go with 
them 5 but he swore he would lose his lire first-. 
Next morning, at one o'clock, they came to the 
loft where he slept, and insisted on his getting up to 
drink some gin with them. He did so ; they diank 
a bottle, and then told him if he did not come with 
J hem they would cut his throat. He went for fear, 
but never went farther than the gate. He never 
went in at the window, nor into the house Some~ 
r body in the house'eried out f murder /' and gave the 
alarm to some waggoners passing, and they all ran. 
away, and he followed them. He found the cofFee 
pot in a hedge upon the Edgware road, six weeks 
before he was taken, and being no schollard 9 was 
bringing it to Martin Heard to sell, who said he 
would buy it, when he was taken with it under his 
arm. He was sure that villain Connor, now ~ia 
the house of correction, had Mrs. Aikenhead's 
watch. Hayes persisted in denying the facts. The 
learned judge summed up the evidence for the jury, 
who acquitted Catharine Prendergast and James 

jriayes^ 



248 rRENDERGASt — RATFORD. 

Hayes; but found Patrick Prendergast-^w///^ 
He suffered Mai ch 25, 1807. The execution was 
delayed above half an hour, until it was ascertained 
that an application for a repiieve (which certaisdy 
the magnitude of the offender's case precluded ) 
bad not succeeded. There we re- few spectators on 
the present occasion, owing, no doubt, to the me* 
]ancholy accident which took place on the prece- 
ding execution. See Hoj^lowav, 



ROBIN, RICHARD. See Hodges, Joseph. 

RATFORD, JENKIN, alias WILSON, J, 
(mutineer and deserter,) in consequence o£ 
whose dereliction from duty and that of othtr Bri* 
tish seamen, a seriousaitercation took place between 
Great Britain and the United States, about the be- 
ginning of 1807, at which period a lieutenant of 
the Ameiican navy opened a rendezvous in the town 
of Norfolk, in Virginia, for the Chesapeake frigate, 
then fitting out at Washington. Many deserters 
from his Majesty's ships, then lying in the Chesa- 
peake enteied with this ofhcei, in particular from 
the Chichester, who in consequence of running on 
shore was alongside the wharf, at Norfolk, and pait 
or the ZenobiaVcrew, who were stranded near the 
Capes. These deserters, and many more belonging 
to the Halifax, Mtiampus, &e. were openly pa- 
jaded in the streets by tiie lieutenant under the 
Ameiican flag, and frequently met by their loiricr 
Officers, and claimed by them : but were tolu by 
the lieutenant, that although he knew ?hey were 
deserters, he could not give them up without or- 
ders from his government. A remonstrance was 

the- 



then made by the British Consul to trie chief ma- 
gistrate of Norfolk, who refused acting in ir, or 
authorizing any thing which might be done by their ' - 
own officers to take them. This was officially com- 
municated to his Britannic Ma] sty's minister at 
Washington, who represented it to the Secretary of 
State and President, whose answers were, c that 
having entered the American service, and claimed 
its protection, they were to be considered as. citi- 
zens, and therefore could not be given up 5* besides 
that some, he understood were impressed men, 
These applications were frequently renewed, and 
always the same answers returned. At this time 
it was ascertained, that above one hundred deser- 
ters from the British artillery, actually composed a , 
part of the crew of the Chesapeake. The account 
was sent fo England, with. a description of such 
men as could be positively fixed upon, with the ad- 
miral's orders issued upon the occasion j and simi- 
lar accounts were transmitted to every other quar- 
ter where the British flag was flying, in the month 
of July the Chesapeake sailed, and, as she passed 
the British squadron, the Leopard, his Majesty's 
armed ship, put off, and went to sea before her. 
When the Chesapeake came up with the Leopard, 
the latter's commander (Capfc. Humphries) hailed 
her, and said he had a dispatch to deliver from the 
British commander in chief (Admiral Berkeley) 
of the American station. This was a demand for 
the deserters, which Commodore Barron evaded. 
Hereupon the Leopard proceeded to hostilities, and 
Commodore Barron at length submitted to the ves- 
sel's being searched. The crimping of English 
seamen, both from the merchant service as well as 
from the men ot war of Great Britain, had arisen 
to that 'height* and so far from being able to avail 

themselves 



250 U RATFOKB. 

themselves of that friendly intercourse, which, in 
a neutral country, the English had a right to ex- 
pect, not a boat could be trusted on shore from 
the 6hips in Hampton-Roads, and all communi* 
cation was carried on by two pilot boats, hired for 
the purpose, and manned by petty officers of his 
Majesty V navy. The officers of the Chichester 
were not exempt. One, a murderer, being shel- 
tered from justice , although at last he surrendered 
of his own accord ; another, the gunner of the 
Chichester, seduced by the lieutenant's promises of 
promotion in the American navy, deserted, and 
actually officiating in the Chesapeake frigate met 
with his death Three other seamen, who were 
Englishmen and deserters, were also killed in the 
contest. Four men of the same description, were 
found in the Chesapeake, and were taken away 
by the Leopard ; and one in particular (Jenkin 
Katford, alias John Wilson) belonging to the 
Halifax, had not only received the king's bounty 
but seventeen pounds additional, given by this 
province. There is no doubt but that if the Leo- 
pard could have identified them by some of their 
own officers, many of the Chichester's, as well 
as the Zenobia's, men would have been found, as 
the prisoners since confessed they were on board ; 
but as the captain of the Leopard could only 
identify those whose officers were on board, and 
actually recognized them, they were suffered to 
remain. On Wednesday, August 16, 1807, a 
court-martial was held on board his Majesty *s 
ship, Bellisle, in flalifax harbour, Nova Scoria, for 
the purpose of trying Jenkin Rat ford. On the 
commencement of the evidence for the prosecu- 
tion, the first witness called, was, Lieut. Thomas 
Wren Carter, who said, tint oil the 7th of March, 

1807 



IIATFORD. 



251 



1807, about six o'clock in the morning, being com- 
manding- officer, he sent the jolly- boat with Mr. 
Turner, midshipman, and five men, to weigh the 
kedge anchor, which had been laid out for swinging 
the ship. They were a long time there. Witness 
hailed them once to know what they were about 5 
they answered, getting the tackle on board. A 
short time after the quarter-master, Douglas, told 
witness he thought they were pulling away : wit- 
ness, believing they were, ordered a fire of mus- 
quetry on them. That not having any effect, he 
directed some great guns to be pointed and fired : 
one was ; but the boat being nearly out of sight* 
owing to the du>k, and a tender, belonging to the 
Bellona, immediately in her wake, he was obliged 
to desist firing, and saw no more of her. As soon 
as the firing ceased, a muster of the ship's company 
was made, when witness found that the prisoner, 
with the other men named in the charge, had de- 
serted. Two or three days after, the petty-officer 
returned, and reported he had been run away with 
by the crew. Mr. Robert Turner, midshipman, 
said, that the prisoner was with him in the jolly- 
boat, together with Hill, North, Hubert, and 
Saunders. After they had shoved oft* from the 
ship, and got hold of the kedge hawser, and the 
anchor up to the bows, it came on to rain very hard, 
nd the weather being thick, the men took the 
oat from him 5 when witness hailed the ship re- 
peatedly, 'until silenced by Hill, who threatened, if 
he hailed the ship any more, he would knock his 
brains out, and heave him overboard. Hill said, 
if it had been Mr. M'Gory in the boat, instead of 
witness, he would have tanned his hide, and thrown 
him overboard. The instant the boat landed at 
Jewel's Point, they all jumped out, and left the wit? 



£52 RATFOED, 

j ness in her. Saunders would have returned, if he 
had not been threatened to have his brains knocked 
out : Witness did not know if by the prisoner in 
particular : it was amongst them. After landing, 
he saw nothing of the men until Monday, two days 
after, when he saw the prisoner at Norfolk, with a 
Dumber of men, who had entered into the Ameri- 
can service. On Tuesday, he met lord Townshend, 
and informed him of the circumstances : shortly af- 
ter saw the prisoner and Saunders, lord Townshend 
speaking to them, and telling them, that if they 
would return to the ship, he would forgive them, 
Saunders was in the act of, going down to the Bri- 
tish Consul's with him : the prisoner said, if he at» 
tempted to return to the ship, if he was not able 
himself, he would g€t more hands to assist in cut- 
ting his bloody guts out. The prisoner was ex- 
ceedingly abusive. Being asked if the deserters 
cut the boat adrift, this witness said, that after 
landing, he was left in the boat, the painter was 
cut, the boat floated off, and he jumped into the 
vvaterj and waded ashore* The prisoner and the 
other deserters rowed the boat', except Saunders^ 
who sat in the stern sheets with the witness. Tho- 
mas Douglas, quarter-master of the Halifax,.'hav- 
Ing been next sworn, stated, that he had the watch 
on deck, about half-past five o'clock on the even- 
ing of the 7th of March. Witness was standing oil 
the starboard gangway, when the men slipped the 
kedge hawser, and got their oars out. He went 
immediately to the gun-room, and reported to lieu- 
tenant Garter that the boat was rowing off from 
the ship, who came up immediately. Witness 
having gone before and got the key of .the arm- 
chest out of the binnacle drawer, and took out 
the muskets, with a cartouch-box* (the sentry's 
/ musket 



RATFORD* 253 

musket not going off.) Lieutenant Carter, Mr, 
Smith, and himself, fired long as they could 
keep si^ht of the boat. Witness knew that the 
prisoner Graft one of the men in the boat. Lieute- 
nant *Jan?.'. -> Masters, of the Halifax, said, that on 
the 7th of March, about six in the evening, the pri- 
se uer and f o n r o t h e r men we resent to «a e i gh the 
kedge anchor. Soon after, it was reported that 
they had deserted. Witness went on deck, and 
observed them pulling from the ship. They were 
fired at several times, but to no effect. Witness 
was sent -up' to Norfolk the next morning, with a 
letter, on service. He saw two of the deserters, 
but did Jjpt speak to them v one of them with the 
American flag, and the other coming out of a pub* 
lie-house. The prisoner w-as not one of them. He 
knew the prisoner deserted on the 7th of March 
from the ship. George Tincombe, master's-mata 
of the Melampus, said, he was on board the Leo- 

' pard on the 2&d of June, as a passenger, and was 
ordered on board the. Chesapeake, with -Lieutenants' 
Falcon and Guise to search for deserters. After 
the hands wers sent o.n deck, Tie was ordered belo ( «r 
to search, and found the prisoner in the coal hole; 
he was taken on the quarter deck, and Jcnown by- 
Preston, purser of the Leopard, as beingdischar^ed 
from her to the Halifax, The prisoner said he was 

> an American, and did not belong to the Halifax. 
The captain of the Chesapaake said, -he did not 
know that he had any deserters on board. The 
prisoner stood on the Chesapeake's book-, by the 
name of Wilson. Previous to the action between 
the Leopard and the American frigate, there was a 
correspondence by letter, between Captain Hum- 
phries and the Commander of the Chesapeake, to 
demand the deserters then on board her. Witness 
vol iv> z keard 



%5i< KATFORD, 

heard Captain Humphreys say, c Commodore Bar- 
ron, you must be aware of the necessity I am under 
of complying with the orders of my Commander in 
Chief.* He replied, ' You may do as you please * 
This witness understood as a refusal to comply with 
Captain Humphreys* wishes to have the English 
deserters given up from the Chesapeake to the 
Leopard. The boat was on board the Chesapeake 
about three quarters of an hour, when the signal 
was made for her from the Leopard : she returned 
in about ten minutes after, with a letter, which 
€apt> Humphreys took into the cabin, and read j 
then ordered the guns to be primed, fired one gun 
athwart her bows, and then hailed as before, to 
which a similar reply was iridde* Captain Hum- 
phreys, then ordered the lire to commence, begin- 
ning with the foremost gon on the lower deck, and 
gave her about three broadsides. The crew of the 
Chesapeake were not mustered previous to the find- 
ing of Rat ford in the coal-hole, but afterwards, 
•Three other deserters were taken out of the Ame- 
rican frigate belonging to the Melampus, About 
twelye Englishmen (men and boys) were mustered 
on board her; but none of those Englishmen de- 
manded, nor any other men demanded, or taken 
out, except known deserters. Frederick Phillips* 
midshipman of the Beiiona, saw, when he went on 
board the Chesapeake, the prisoner standing or 
leaning against out of the carrorvades, on the quar- 
ter-deck : he knew he was taken out of the Ches- 
apeake to the Leopard. James Simpson Wells, 
.clerk of the Halifax, produced the complete book 
of the Halifax, swore to its corrections, and by 
direction ot. the Court, pointed out to the judge 
Advocate, the five men, stated by the charge to 
have deserted. Viz. — Kich< rd Hubert, sail- maker, 
born in Liverpool, England, aged twenty- two. 

Henry 



HATFORD. YOO 

Henry Saunders, yeoman of the sheets, born in 
Greenock, aged twenty-six, Jenkin Ratford, ordi- 
nary, born in London, aged thirty one. George 
North, captain of the main top, born iii Kinsale, 
aged twenty-seven. William Hill, able, born in 
Philadelphia, aged twenty-one, entered at Antigua. - 
Witness knew the prisoner to be one of the men 
by the' name of Jenkin Ratford, He believed he 
was present when his description was taken, and. he 
gave the place of his birth, London, himself. Ser- 
jeant Richard Frodsham, of the Royal Marines, of 
His Majesty's ship, Bellona, said he knew the pri- 
soner was confined on board the Bellona, as a de- 
serter from the Halifax. Witness was sent from 
the Bellona to His Majesty's ship, Chichester, on 
the ioth of Nevember, 1806, and remained there 
doing duty as a serjeant of marines, until the 15th 
or March, 1807: In the early part of February 
last, the Chichester being alongside the wharf, at 
Gosport, in Virginia, witness saw a party of soldiers 
under aims, consisting of the commandant of Fort 
Nelson, a serjeant, corporal, and tour privates, com- 
ing from t lie fort to the wharf, alongside which the 
Chichester was laying. Having entered the gates, 
they proceeded to Captain St op ford's lodgings ; 
when witness was sent for by him, and asked whe- 
ther there were any deserters en board from the 
fort ? witness answered there were not any. The 
Captain said, * there are three, are there not?' and 
directed witness to give them up to the person he 
supposed to be the Commandant, Witness* with 
the assistance of the officers, searched the ship, but . 
-could not find them, and reported accordingly to 
the Captain, who then pr.iered all hands to be 
turned up, in order to search more particularly, as 
he was determined to give them up* Witness, 

2 z with 



$56 RATFORD. 

with the master and other officers, renewed the 
search j and, at the expiration of an hour, two were 
foufltl'under the stores hi- the hold \ the third was 
found in one of the storehouses, under the sails* 
Captain Stopfbrd directed Mr* Brookes, one of the 
midshipmen of the ship, to be confined., for. telling 
Captain Saunders that he thought it was not right 
to give up their -deserters, when they would not give 
up ours. The deserters were then put in a boat, 
and taken bv the- American Captain and, guard to 
the fort. Their names were WilUam Bum, a 
shoemakei by trade, an Irishman, bom in London? 
deny ; William Jones, a weaver by trade, born at 
Manchester, in England ; the name or place oi the 
birth of the third person witness did not recollect. 
Being asked if he knew any of the crew, or supernu- 
meraries deserting Irom the Chichester, and enter- 
ing into the American military service, witness said, 
he knew convalescents, who came from the regi- 
ments, &tc. in the West Indies, for the recovery of 
their health, namely, Robert Simpson aud Fnmcis 
Sedgwick, of the Royal Artillfiy j William Phil- 
lips, corporal of marines, belonging to the Chiches- 
ter ; Benjamin Withers of the 15th regiment of 
-foot ;'■ and John Mahoney, of the 37th, deserted 
from the Chichester; some of whom enlisted in the 
Bnglish uniform, into the American service, and 
were afterwards seen by witness in the American 
military uniiorm A -Simpson and Mahoney were 
Irishmen, and Withers and Philips- Englishmen, 
from the county of. Lancaster. Witness did not 
know what countryman Sedgwick was, but heard 
them all repeatedly declare they were strangers 
to the United States. Captain John Erskine Dou- 
glas deposed, that he was senior officer of his Ma- 
jesty's ships in the Chesapeake, when the men, 

stated 



it. AT FORD. 2,57 

stated by the last witness, deserted from the Chi- 
chester. He made application, but they, were not 
given up, and, to the best of his recollection, the .' 
answer was, l if any deserters from the English sejr* 
vice have entered into the American service, they 
have been sen?, with a detachment into the coun- 
try.' The prisoner was now called upon for his 
defence ; having been told, at t\u examination of 
each witness, that he might ask any question he 
pleased, the prisoner observed, that the evidence 
brought agamst him was so strong, there was but 
little left tor him to say in his defence; but that 
the reason or his hiding in the coal-hoie was, for 
fear of the Americans making him fight again, « 
his country, which he declared he would not do on 
any account 5 that he, with all the men who de- 
serted from the Halifax, were peisuaded by the 
boatswain of the Chesapeake to enter for her, to 
protect themselves, which they did : Lieutenant 
Sinclair asking them. if they had not a second name. 
About thiity men went m the first draught with 
him to the Chesapeake, when Captain Gordon 
mustered them, and they were mustered again in 
Hampton Roads, by the commodore, He requested 
leave to call one evidence in again, to ask his offi- 
cers for a character. And then he threw himself 
en the mercy ofr the court. Lord James Town*- 
hend stated, that prior to the charges, the prisons 
had always behaved himself a* a quiet steady man, 
Mr. Turner having been called an again, and re- 
minded that he was st il on his oath, wa< asked by 
the pri>oner, if he recoile ted his throwing his oar 
across the boat, and mot rowing after the boat had 
been pulling some time for *he shore, and after 
^others called out ' pull away ?' said, that he did 
not j that the prisoner pulled away as the ethers 
z 3 did. 



&5B » ^iatforp; 

did. Lieutenant Carter of the Halifax, on being 
called for on the pris ner's character, state* , that all 
the time he was in the ship, he con idered him a 
steady, sober, attentive man, and one he could have 
entrusted on shore. Lieutenant Masters had known 
the prisoner all the time he had been in the Halifax, 
never knew any thing against h m • he was sober 
and attentive, and occasionally with working par- 
ties on shore- The prisoner having nothing fur- 
ther to offer the court adjourned from the quarter 
deck, to consider of the evidence they had heard ; 
and, after maturely' and deliberately weighing the 
sa'me, were of opinion, that the charges against 
Jenkin Ratford were proved, and adjudged him 
to 'suffer death, by being hung at the yard arm of 
such of his Majesty's ships, and at such time as the 
Commander m chief at Halifax shall direct $ which 
sentence being signed by each member, and the 
court asssembiing again on the quarter deck, the 
prisoner being brought forward, and the witnesses 
and audience admitted, was read by the judge-ad- 
vocate accordingly. After v*hich, the President 
thus addressed the prisoner • *' You have now 
heard the awful sentence of the court. You have 
been found guilty of desei ting from the service of 
your country, which, at all times, is highly crim- 
inal j if it was possible* to make it more so, it is at 
the*- present crisis, when Great Britain is struggling 
#or her very existence. Your deserting from the 
Halitax, and entering into the American navy, has 
been atiended with the most serious and unfortu- 
nate consequences, affecting the peace of both cpun- 
tiies. The offences of which you have been found 
guilty are of so flagrant a nature, that I cannot flat- 
fer you with the least hopes of pardon ; I, therefore, 

earnestly 



RATFORD* 23$ 

earnestly recommend your employing the short time 
you may have to live in making your peace with hea- 
ven. Ail who are now present, and have witnessed 
thi^ trial, as well as the crews of others of his Ma- 
jesty's ships', must be convinced of the heinous 
crime of desertion 5 more particularly so, when it 
is attended with mutinous a d contemptuous beha- 
viour to your officers The fate of the unfortu- 
nate prisoner, will, 1 trust, sink deep into your 
minds and prevent the continuance of an offence 
so hurtful to your country, and disgraceful to t:he 
character of British seamen." This unfortunate 
man appeared deeply affected at the awful fate that 
awaited him 5 he bowed to the President and the 
court, and said, * I am sorry, yon cannot give me 
any hope of pardon.' The prisoner immediately 
withdrew, under the charge of the Provost Martial 
an ' was constantly attended by the chaplain of the 
Bellona, with whom he prayed very fervently, ail- 
though at times he appeared delirious. Having 
signified his wish to be allowed one of his mess- 
mates in the Halifax to attend him in prayers, in 
the absence of the chaplain, it was immediately as- 
sented to, and accordingly Francis Frarnpton, cap-* 
tain of the forecastle of the Halifax, repaired to 
attend his unfortunate messmate, labouring under 
the greatest distress of mind 1 . In pursuance of dL. 
rections from the hon. G. C. Berkeley, Vice Ad- 
miral of the White, and Commander in Chief of 
his Majesty's ships and vessels, &c. &c. directed to 
the right hon. Lord James Townsend, Commander 
of his Majesty's ship, Halifax ; preparations were 
made for the purpose of carrying into execution 
the sentence of the court-martial passed upon Jen- 
kin JRatford j and accordingly on Monday morning 
at eight o'clock precisely, on the 31st of August, 

8 iSo; 



260 KATF0RB, 

j8o7» the signal for inflicting punishment was com- 
municated to the squadron, then in Halifax har- 
bour, with one gun. Every ship obeyed the sig- 
nal, by sending each a boat with an officer manned 
aftd aimed, to attend the awful ceremony ; (the 
Admiral and Commander in chief having previ- 
ously taken tht wise precaution of directing his 
several commanders to select the worst characters 
among the ships' companies, and sending them 
aboard the Halifax, to be the only assurance in ex- 
ecuting a brother seaman, for crimes of a similar 
nature to those which they had been guilty of them- 
selves, by which means they might reflect upon: 
their past offences, and viewing the -untimely end 
of Jenkin Ratford, they mi°ht be brought to a true 
sense of their duty to their superiors,) A few mi- 
nutes after eight the prisoner, attended with an offi- 
cer, and the provost martial, with a sufficient guard 
of marines, with bayonets fixed, was tiansferred 
from the Bellona to the Halifax for execution. 
While coming alongside, he viewed very attentively 
the yard-arm upon which he was to suffer, which 
he tl*e more easily descried by the yard rope being 
led along, and the temporary platform which pro- 
jected from the ship's forecastle He ascended the 
ship's side without a hat, made his obedience with a 
bow to the officerson the quarter deck, and taking 
one more view at the fatal yard arm, descended 
with the i-rovost martial, to a screen birth under 
the half-deck, which had been previously erected 
for the purpose; and shortly after attended by the 
chaplain he received the sacrament, and joined very 
fervently in prayers, at intervals appearing much 
disturbed in his mind. The Halifax lying in such 
a situation as to preclude many spectators from dis- 
tinctly viewing the awful sccene> a kedge-anchor 

with 



RATFORD. 261 

with a hawser was carried out, by which means the 
ship- was placed in such a direction, as not only to 
give a distinct view to the whole squadron, but also/ 
to the many thousand spectatois on shore, assem- 
bled on the occasion About a quarter before 
nine, near ioo soldiers belonging to the different 
regiments quartered at Halifax, were drawn up on 
a convenient spot, cl-ose to the water side. These 
men were of the most abandoned characters in the 
several regiments they belonged to, and were se- 
lected purposely to view the execution. At nine, 
the Mgnal with a gun was made for carrying pu- 
nishment into execution, when every ship in the 
squadron assembled their different crews in the rig- 
ging to witness it. By this time all the bouts had 
arrived, and being planted in proper order round 
the Halifax, attended by a va;-t concourse of peo- 
ple in shore boats the prisoner made his appearance 
upon deck, attended by the chaplain, was marched 
forward upcm the forecastle-, ascending the fatal 
platform, and viewing very attentively the rope 
which was to deprive him of existence, he request- 
ed more grease might be laid in the noose, in order 
that it might render it more easy : this done, and 
being placed over his neck, Lord James Townsend 
very distinctly read to the prisoner the order ad* 
dressed to him from Vice Admiral Berkeley, direct- 
ing him to carry the sentence into execution, by 
causing the said Jenk'in Ratiord to.be hung by the 
neck at the starboard fore >ard aim of his Majes- 
ty's sloop under his command until, he should be 
dead. The chaplain read a few prayers, to which 
he appeared to pay very little or no attention, cast- 
ing his eyes sometime to tne yard arm, sometimes 
to his shipmates, at others to the scaffold. Prayers 
feeing ended, the chaplain took his leave of him, 

recommending 



f Jm EATFORDk 

recommending bis soul to heaven. While the Pro- 
vost martial was preparing to put the nightcap over 
hishead, it was singular to remark how callous he 
appeared in his last moments, by kicking off his 
shoes, wh-ch fell overboard from the platform | 
and also throwing, in a careless way, his handker- 
chief into the fore-rigging. Preci*ely at eighteen 
minutes past nine, the attention of every spectator 
was roused by the report of a gun, which signal 
being obeyed, this unfortunate. criminal was imme- 
diately launched into eternity, and hanging the 
usual time of one hour at the yard arm, was low- 
ered down into a boat for interment. Suffice it" to 
say, that the prejudice of the country was such, 
that rhrs unfortunate criminal was denied the lights 
of christian burial, and was interred upon Maugers 
beach, in the entrance of Halifax harbour, the bu- 
rial service having been read by the chaplain of the 
Bellona. Before his execution, he acknowledged, 
that he was born in London, that he voluntarily 
entered into his Majesty's service j that he deserted 
in the jolly boat of the Halifax, in company with 
George North, captain of the main-top, Henry 
Saunders, boatswain's mate, Richard Hubert, sail- 
maker, and another man whose name he did not 
know j that they all entered at Norfolk for the 
Chesapeake frigate, and afterwards joined her at 
the Federal city 5 that in a short time Richard 
Hubert ran away, aud was seen at Alexandria 
by some of the crew, about three days after j and 
that Geo?ge North and Henry Saunders ran away 
during the time the ship was coming down the ri- 
ver. That Richard Hubert was from Liverpool, 
and formerly belonged* to the Leander, and that 
Saunders was an Irishman. On his defence, he 
said, s that at the time of their entering for the 

Chesapeake, 



ft ATFORD — REDMOND. 2(*3 

Chesapeake, Lieutenant Sinclair asked them,; if 
they had not ? second name r^ On this suggestion, 
he altered his name to Wilson, and was so entered 
on the Chesapeake's books. To this circumstance 
it is owing, that the name of North and Saunders 
were not to be found in the books 5 and to their 
having deserted on the passage of the Chesapeake 
from Washington to Norfolk, is al>o owing that 
they were not, like Ratford, found hid in the 
coalhole of that frigate. Three of the other sea- 
men taken from on board the Chesapeake were 
also convicted of desertion, and sentenced to re- 
ceive 500 lashes each. 

REDMOND, DENNIS LAMBERT, (trai- 
tor) a man, who had every prospect in this world, 
to become an useful and honourable member of 
society, (at least; if* property could influence, he hav- 
ing come into above 300/. per annum about a year 
before his ignominious death^but through'* strange 
infatuation, and disloyal principles, he became 
a chief actor in the IrMi rebellion of 1803, and on 
the 5th of October, in that year, was tried for high 
treason. His trial was intended for September 3d, 
on which morning, just before he was sent for, the 
prisoner shot himself with a small pocket-pistol, 
which he had for some time about his person con- 
cealed in his panraloons. The city-surgeon imme- 
diately examined his wound, and reported it not 
dangerous. Previous to this, he had offered to give 
information to goveinmen of all persons concerned 
in that horrid insurrection, together with their plans 
and connexions. This proposal, after having been 
well weighed, was rejected : the charges against 
the prisoner, who was not one of the deluded mob, 
being of such a nature as to make him, if found 
guilty, a peculiarly fit subject for an example. The 

double 



$$& B/tDMONT. 

double shame of guilt and treachery hastened the 
commission of this rash act, which drew a veil be- 
tween him and the publication of hh crimes. This 
wretched man, instead of accelerating his death as 
he intended, only procrastinated it by having thus 
postponed his trial and execution Pat M'Cabe, 
the accomplice, was the principal witness, who 
proved the conspiracy to levy war, on the 23d July, 
in company with Allen, who was tried along with 
Arthur O'Connor, at Maidstone, and acquitted. 
See O'Coigley, J. vol. 11. It was also proved, 
that he had employed carpenters in his house to 
make pike handles ; and that numbers of those 
weapons, bayonets, Sec. were found concealed in 
his house, in the Coal quay," particularly pikes un- 
der a part of the flooring, and more in three cases, 
formed to resemble beams of timber. After the 
23-d o( July, ;he prisoner fled in a vessel, the Tarle- 
ton, James Murphy, master, bound to Chester? but 
was put into Carlington by a storm, in which the 
vessel was near being lost : there he was taken, and 
transmitted to Dublin 5 and, oa his examination, 
gave a false account of some circumstances, which 
falsehoods were strongly corroborative of his guilt. 
The jury, in about rive minutes, returned a verdict 
of — Guilty. Being a^ked why judgment should 
not be pronounced against him, he addressed the 
court with tremor, and under such strong agita~ 
tion as frequently deprived him of speech for mi- 
nutes. In his address, he alleged " that the con- 
duct proved against him by M'Cabe had been ex- 
aggerated, though in part true; that in his con- 
versation with Mr. Read, in Drogheda, Mr. Read, 
gave the king's health, which he drank, and then 
gave General Bonaparte ; that on Mr. Read's 
Speaking hardly of Bonaparte 5 he used his best 

arguments 



arguments to support the character of the then Chief 
Consul, alleging that he had a right so to do, as 
fespectable persons in London had been prosecuted 
for speaking against him. [Here he was stopped 
hf agitation.] He then, after a pause of some 
minutes went on — "I will now, that the halter is 
about my neck, and the axe ready to sever my 
head from my body, confess that I held an official 
situation under the Provisional Government j and 
that the great object of my heart was to promote 
the views of that government — [Here again he 
stopped] — and every act which I have done in for- 
warding that government, I should be * 4 ,> 

[Here his voice utterly failed) — and after a long 
pause — Baron George, said, that if the prisoner 
had any thing more to say, the court would wait 
as long as he desired. The prisoner said, " he 
would give no' further trouble .5* and the baron, 
after the most impressive -lecture on the fatal con- 
sequences of treason that ever was given, pronoun- 
ced the terrible sentence of the law. This unfor- 
tunate man was about twenty-five years of age, in 
bis person tali, athletic, and rather a handsome long 
countenance. On the 6th of October, 1S03, the 
dav appointed for his execution, he quitted the gaol 
about one o'clock, and was brought over Carlisle - 
bridge, and through College- green, Dame- street, 
Parliament-street, &c. &c. to the Coal-quay, where 
be arrived about two o'clock. He was dressed 
very genteely, his hair a la crop> and a large cravat 
very high about his chin. The remains of the 
wound he inflicted on himself by the pistol-shot 
were covered with a black plaister very neatly. 
He behaved during his passage, with much com- 
posure and recollection, and seemed to take" notice* 
rathei particularly* of any little stoppage or noise 
a A in 



26$ REDMQNT— ROEINSOK. 

io his progress, as he would often turn his head 
round to the front of the cart, in which he sat on 
its floor with his back to the horse, and would^ sa- 
lute his acquaintance as he passed them. He 
seemed to look on the different houses and public 
buildings, with which he was more intimately ac- 
quainted, with a soil of fa re we i expression in his 
countenance. On his arrival' at the place of 
his execution, the female part of the spectators 
received him with quiet expressions, and signs 
of grief and pity $ their eyes and countenances 
alone proved their feelings ; bat, to do diem' jus- 
tice, they cursed most heartily those who had se- 
duced their friends to the paths of disloyalty ; in 
short, every' one pitied the man, but execrated his 
principles. Very little time was necessary to com- 
plete the business. He mounted the ladder with 
steadiness and resolution, and without the smallest 
levity, though there was a sort of indignant beha- 
viour about him, which was more fully exemplified 
in his manner to the clergyman who attended him, 
for when he was asked, * Do you die in peace with 
all mankind ?' he answered, * 'Tis no matter, I 
must die whether or no.' He remained on the 
platform for about several minutes alone, when he 
gave the signal which launched him into eternity. 
He tell with great force, and died without shewing 
symptoms of much pain j indeed the fall was so 
great he almost never stirred. See Em ml: XT, vol. 
1. Hawley, MMmtosh, Rourke, and Rus- 
SEE, in the present Volume. 
RICHARDSON, JO'tiN. See White, T. L,' 
ROBERTS, ENOCH. See Fordham, j. 
ROBINSON, JOHN, (Murderer) was a 
farmer who lived in a lone house, called Longstone, 
%h Mickleby, near Whitley, in Yorkshire, rail,, 

stout, 
7 ' 



ROBINSON. 567. 

stout, aged about 33, a married man, and bad four 
children. The 1 ' foul and sanguinary deed which he 
vperpetrartd * n secret, was, by the singular interven- 
tion of providence brought to light in a wonderful 
manner, • Susannah Wilson lived with him in the 
Capacity of a servant i but on account of her preg- 
nane) by her master, she quitted his service, at Mic- 
kle'by, about two momfos before her murder, and 
went to reside with a relation at Guisborough. This 
poor seduced girl hit her friends at Guisborough, 
between five and six o'clock in the morning of the 
16th of February, 1807, on the evening of which 
(flay, there is tvery reason to believe she was mur- 
dered (though her body was not found till the zyth 
of M?irch,) alleging that she was going to see her 
master, who had promised to meet her with a bushel 
of wheat : bur previous to her setting out, she told 
them (to use her own language) ' That a fear had 
come over her that morning, and if any thing but 
good came to her, they were 1 to look to nobody hut 
-Robinson * Some weeks having elapsed without 
her returning, or any tidings being received of hei f 
it was conjectured she had been murdered 5' and' as 
she left Guisborough to proceed towards Mickleby 
(a distance of twelve mrles) for the avowed pur- 
pose of meeting Robinson, suspicion- naturally fell 
upon him. This mysterious affair having' become 
a common topic of conversation, several country 
people being at leisure on Qood Friday, deter* 
miftftd to devote the opportunity to instituting a 
search for the body, which they at last found bu- 
ried in a part of "Robinson's ground ; they were 
led to examine- the particular spot by the circum- 
stances of his having, about ten days before, under 
very frivolous pretences, made a sort of sledge-road 
m the |&ttj probably with a view to divert at ten- 
% A a v .ftitt 1 



268 HOBINSON. 

tion from it ; but which in reality gave rise to suspi- 
cion that it was intended for a purpose .different from 
the ostensible one j which suspicion. the discovery ©£ 
the body abundantly confirmed. At the coroner *s 
inquest, (which was held on Easter Sunday,) Ro- 
binson's servant deposed, that his master Jeit home 
about five o'clock in the tvening of the day o© 
which the girl left Guisborough, and told his famiHy 
lie was going to Staiths, about four miles dhtant* 
to receive pay for a horse : it appeared that he ar- 
rived at Staiths ab^ut half-past nine, and slept 
there that night, from which there is reason to oe~ 
lieve, that he proceeded to that place immediately 
after he had perpetrated the murder. A geerle- 
man, who was present* at the examination of the 
body by a surgeon, who attended the coroner, de- 
clared that the skin which covers the cranium, and 
the muscles on each side ot the head, wete moitirkd 
to the bone.- The left eye had been beaten out, 
and the ief't'^hetk bone wit|i the root of the mouth 
broken in j irom which it is evident she had been 
murdered by- repeated blows on the head with a. 
bludgeon, or 'some- other heavy wooden instrument* 
It appeared alsoythat she had received a severe blow 
upon her right thigh, near her knee, which was 
mortified to the bone, leaving nothing but the imiss- 
cles which move the leg. The horror excited by 
this atrocious deed was greatly heightened fey the 
consideration that the unhappy victim was, at th& 
time, in an advanced state of pregnancy. 1 he sur- 
geon (Mr. fietcher) above-mentioned, having 
opened the body, took out of it a fine female child, 
nearly at its full growth. John Robinson was im- 
mediately apprehended^ on suspicion of being the 
murderer, and committed to the castle at York, 
April 2d. His trial came on Friday, July 3 ^ 
5807, a little before nine o'clock in the morjai 



SOSIK5GK. $$$ 

and th® (Sourf was crowded long before the judge 
(Mr. Justice .Chambre) took his seat upon the 

Bench. Mr. Rasne opened the case on the past of 
the prosecution, with great distinctness and preci- 
sion. The indictment charged the prisoner with 
the wilful murder of Susannah Wilson, by inflicting 
on her head divers mortal wounds, by means of a 
hatchet or other instrument, on the 1 6th of Febru- 
ary last. Elizabeth Green stated, that she lived at 
Gnisborough,and was acquainted with the deceased, 
who washer cousin? and who went to-live witb John 
Robinson sometime before May, 1806: in Novem- 
ber following: she came to- her house, wbese she re- 
mained until the 16th of Febioary, when she left 
their bouse to meet tire prisoner. The witness was 
proceeding to velate some conversation which she 
£rad with the deceased, but the Court interfered, as 
it could not be received as evidence. The witness 
then proceeded to state that her cousin never return- 
ed, and that no intelligence or information respect- 
ing her was received untiJ about six weeks after, 
when .she saw the dead body at Mickleby, on the 
s&fch or March. On her cross-examination, she 
said, that, as soon as the deceased was missing, sus- . 
pieiori itll on the prisoner, as. being the cause of it; 
which -lie accounted ior, by stating that her cousin, 
before she left her hou>e, said, i it' any harm came 
to her, it would be from nobody but Robinson.' 9 
William Terry stated , that he was servant to the 
prisoner in February last, and entered his service 
about eight. week-- before Martinmas, 1806; that 
Susannah Wilson* the deceased, was then living 
with the prisoner as servant, and that she left his 
service in about six weeks after he went, on account 
or her being with child. He proceeded to state, 
that, on the 16th of February, his master came to 
, n; him 



S70 ROBIN-SON, 

him about five o'clock in the evening, in hi* usual 
working dress, and said he was going to Staiths, a 
distance of four miles, to receive some money whidi 
was owing to him, and that he should not return 
until the next day : witness dissuaded him from go- 
ing, the night being rainy. This witness proceed- 
ed to state, that on the 21st of March, a week be- 
fore the body was found, his master told him to. cut 
some thorns, while he £the prisoner) made a sledge 
road (which is done by removing the hedge, and 
filling up the ditch to the surface of the earth with 
sods and earth), The witness was so situated when 
he was cutting the thorns that he couj^i not see the 
prisoner, owing to the interposition of a rising 
ground : this spot was fixed on by his master. 
When his master had finished the 'road, he called to 
the witness, and said he had thorns enough cut, and 
desired him to come and look at his job. Witness 
went, and his master asked him if it was not a good 
job ? To this he made no answer. The witness 
was here asked, if he thought this road was neces- 
sary or useful ? To which he answered, that, in 
his opinion, it was of no use at all. The witness 
proceeded to state, that his master made a short 
channel, to prevent the water from undermining the 
road. After the road was finished, they brought 
the thorns on a sledge over the road which had been 
just made, and which, of course, left the marks ©£" 
the sledge on the road. Witness was asked, whether 
he had assisted in making the road ? He replied he 
had not. This witness proceeded to state, that on 
the 27th of March the body of the deceased was 
found i that he was from home that day, and when 
he returned in the evening, his master said to him, 
they have found the girl where we made the road. 
Witness said ' He had never made a road since he 

entered 



ROBINSON* Ttt 

entered his service.* To this the prisoner made no 
reply. Witness went next ifay to Mickleby, and 
there heard that it was reported that he had assisted 
hh master in making the road. When witness re- 
turned home, he asked his master why he had said 
that he had helped him to make the road ! His 
»3»sfer replied, ' You must say so, or they will say 
I have murdered the girl/ Witness made no reply 
to this- observation. A letter was shown to the 
witness,, which he said was given to him by his 
master's wife on Monday last, and believed the 
writing was his master's. The letter was then read. 
It began with requesting the witness to do what he 
could tor the prisoner, and suggested to him various 
circumstances which he was to swear to, which the 
m- if he it said were in his brief, particularly that he, 
the prisoner, had advised with the witness about the 
making- of the road 5 that he had called to him when 
it was half done, and that they had both agreed 
that it would be very useful j that they carried two 
waggon loads of whins over the road; that there 
was a hole, which it was very useful to cover over 
with whins 5 and that many people might have gone 
that way, and have seen nothing. The letter con- 
eluded with bidding the witness to recollect what 
he' had sworn be tore the magistrates, and also con- 
tained the following remarkable expression : — ! If 
3?ou can get me over that road* making, I have no- 
thing to fear.'' This witness denied every point he 
was instructed in this letter to assert. His master 
arever consulted him about the road, nor did he ever 
say it was useful, or come to his master when it was 
Ea.if finished y nor was there ever any waggon-load 
©f whins carried over this road j nor was it ever 
msed, except for the purpose c*f conveying two small 
sledge-load of- thorns over^ which he could easily 

have 



272 &OBINS0N. ' 

have thrown over the beck. ; nor did he know any 
thing of any hole that it was useful to have covered 
with whins. Witness thought his rnastfer'fi rent- 
day was within a day or two of" the 16 h imt> 
William Pearson said, that he lived at Staiths, and 
that the prisoner came to his hdt»*e alter nine 
o'clock in the evening of the 16th instant and re- 
mained there until one o'clock: in the morning* 
Wicness said to-the piisoner, if my wit,e;had not got; 
her bed you would have been too iate. The fatfhec 
of the pieceding witness said the prisoner slept ail 
night at his house. Both these witnesses stared 
that the prisoner, was perfectly sober: 1 he y could 
not speak positively as to the prisoner's dress, but 
thought he had a great coat over his working ctiess. 
James Redman proved, that the prisoner was af 
Elierby at nine o clock on the night oi the io r bof 
February. Eilerby isonly a mile from the piison- 
er\s house, on the road to Stair hs The next .'-Hom- 
ing the witness saw Robinson, who sa<d, in answef 
to a question from the wane ss, that he was ar JEhler- 
by at nine o'clock the jprectoing evening, vv i ■• 
ness observing th it the prisoner looked rather < is* 
ordered, asked him if he had not been g&Kiftg 
drunk? Witness acknowledged that he had had 
a good drink at PearsorVs, the torrner witne^fc 
William Harrison, a mole-catcher, stated, thai he 
remembers goi>;g to Robinson's tarm, on t he 1 , rh. 
instant, and saw R,.bm-on on the topof thequ 
with hedging b)ll and mittens in his hand 
ness was going towards the prisoner : jK 41 

said, are you among your traps ? Witnx , 

he was, and was coming into his piemiscs, : d 

it there were any moles below the qu n t- 

ne^s said there were £of, and requests set 

ail his traps in his corn-fields, ana at the 

desired 



JKOBINSON. 2*3 

Jrsired' him to assist him in driving four sheep into 
the corn-field j with which request he complied, but 
said the sheep returned immediately into their for- 
mer situation. On his cross examination, he ad- 
mitted that that was the most proper season to set 
mole -traps among the corn. Mr. Hall Coverdale 
lives near Micjdeby ; was at Staiths on the even- 
ing of the i4i% of February ; the evening was rainy. 
On the 28th of March (Good-Friday) witness, ac- 
companied by several others, .-earched for the body 
©I the deceased' among the peat- holes of the moor, 
In their search they entered the grounds of the pri- 
soner, when their attention was directed to a new 
mad, which appeared to have been recently made* 
particularly as it did not appear to be of any use* 
The body was discovered by one of the party 
thrusting a slick into the ground, which brought 
v.p> part of a woollen petticoat. On removing the 
earth and sods the body was found, rather slightly 
covered with whins j and it was the witness's opi- 
©Jon,, that no person could have made this road 
without discovering the body,. He also described* 
with considerable minuteness, the position in which 
the body lay : it was deposited in a cavity* hollow- 
ed out by a current of water, about a yard In 
*kprh -where the feet lay, and three- fourths of a 
ya*d where the head lay ; the soil and sod which lay 
immediately upon the body appeared exact-.y simU 
las to the higher part of the road nearer the surface* 
and seemed to have been laid there at the same time. 
This witness also stated another very material fact* 
that the marks of the sledge were visibk.on the 
jo ad ' % and on that part of it which lay immediately 
ever the body when they began to open the ground, 
which clearly demonstrated that the body must 
fcave beta deposited there before the road was 

made 3 



'ST'l ROBINSON. 

made, as the sledge was taken over it, zn& left the 
marks upon it as soon as it va^fLnJied. The r o&& 
was composed of sods and earth : no stones were 
used. The witness assisted';:! removing the dead 
body. On his pross-e^raiTrtitiatiolr-lie pers-ated in 
declaring it as his opinion, that no person could' 
have formed the road without discovering the body, 
and that he observed a new cut, which served to 
take the, water from the body'. 'Jdsep'h > : i'..:-:2.vt 
was also presenbwjieri the body wa- round, whose 
evidence was the same in substance as that ot the 
preceding witness. Thomas Petty, who was also 
present, strongly corroborated the testimony of the,' 
two preceding witnesses, and also described the 1 
place from which the sods of earth were taken 5 
and said, that those which wct. nearest the body 
seemed to be of one salt with the rest of the roa 1, 
and to have been laid there at the same time. The 
three last witnesses all agreed m stating;, that the 
road, in their opinion, was perfectly u eiess, and 
that no person could have made it without disco- 
vering the body, which lay immediately under it* 
Thomas Petty, one of the burner witnesses, who 
is a constable at Mrckieby, added, that he went on 
Easter-Tuesday, the 31st ot March, at the request 
of the magistrates, to measure some part or the pri- 
soner's farm, and that tor this purpose he had a rope 
coiled round his arm. The prisoner, when he came 
in, seemed agitarcd, and his wiit ^aid to him, ' She 
hoped he wiis not going to confess what he had 
never done ;' that prisoner made no answer. , On 
the same bight the witness apprehended him 3 the 
prbontr made no attempt to escape, though he was 
well aware 6! the suspicions which were entertain- 
ed of Mm; This witness proceeded to state, that, 
en Thursday, the prisoner being in his custody, he 

was 



ROBINSON. 275 

was seated on one side of him, and the prisoner^ 
wife on the other; when the. wife, in a whisper, 
said, ( One has been here* who said, if you would 
keep your own counsel, they could not hurt you.* 
The prisoner wished her to be silent, and no more 
was said. Mr. John Fletcher, a sur eon, at Guis- 
borough, stated, that on Saturday, the 29th of 
March, he examined, the body of Susannah Wil- 
son, at Mickieby ; that he found the skull fractur- 
ed in several places, one of which, on the right bide, 
was attended with a considerable depression upon 
the brain : this he believed to be the immediate 
cause or death. The left eye was completely re- 
moved from the socket, the upper and lower jaw 
tract ured. He could peiceive no bruise on tne 
chest or abdomen, excepting a considerable tume- 
faction, the cause of which, on opening the hody> 
arose from the enlarged uterus. ' He made a sec- 
tion in that organ with his knife, from which he 
extracted a fcetu j, or female child j from its s'nt 
and position in the womb, he believed it to have, 
"been upwards of eight months growth. The body 
had received a deep wound on the inner part of the 
right thigh, .a tittle above the knee, of about this® 
inches in length, and two in depth. The body had 
received various bruises on the. arms, legs,' -and 
thighs. This gentleman likewise stated, that he 
thought the body could not have been buried more 
than a week, or it would have been in a much 
more putrid state j he thought, that the cold and 
snow might, have preserved the body in the state 
in which it, now appeared, for the space of five or 
six weeks He also stated, that the left eye was re- 
moved, from its socket, which he supposed to have 
been done, either by vermin, or by birds of iprey. 
John Harrison, Esq. a magistrate of-Guisborough, 

has 



kas been in* the habit of making obserratlons cm 
the state of the weather, which was generally cold* 
with snow* 'from the 1 8th of February, to the aotfe 
©f March. The moon, on the 16th of February,, 
was in her first quarter. This gentleman also took 
the examination of the prisoner; first cautioning him 
that he was under no necessity of answering any 
questions which might tend to criminate himself* 
The examination was then put in and read;: & 
stated in substance, that about six o'clock in the 
evening of the f 6th of February, 1807, the pri- 
soner set off from his own house to proceed <t@ 
Staiths, to receive some money which was owing t© 
iiim ; went into his Held* and saw that his sheep 
hc-fd strayed 5 saw a little gate open ; followed after 
the^heep a considerable way,, ami that it was a fine 
moon-light night, the moon being near at f u 11 5 
then returned and mended a gate, and then went 
to Staiths, where he remained all night. He pro- 
ceeded to state, that, on the 21st of March, Wil- 
liam Terry and himself went to Quarry Bank, and 
after viewing the places both of them thought the 
best way would be to make a sledge road, which 
they did. This document closed the evidence oa 
the part of the prosecution, and the prisoner being 
called on to make his defence, said, he left it to his 
counsel. His counsel then called Elizabeth Long 
and Mary Forest, who represented the prisoner as a 
humane and good-tempered man. His lordship 
then summed up the evidence with great perspi- 
cuity, and commented upon it as he proceeded, 
observing, that it was a circumstance very favour- 
able to the prisoner, that he had not attempted to 
fly from justice, though he knew that strong sus- 
picions were entertained of him, and he was sure 
the jury would give it all the weight in their con- 
sideration. 



ROBINSON. 277 

sjJeration, which it was entitled to. Two witnesses 
had also spoken very favourably of his character, 
and, in a doubtful case, character ought to have a 
great weight. The fact 'of the murder it was im- 
possible to question. The evidence on this point 
was irresistible ; and the only question was, whe- 
ther the prisoner was the person who committed 
the murder? To establish this, a variety of cir* 
cumstances were laid before them, and it was their 
province to decide, whether, taken altogether, they 
formed that strong proof of the prisoner's guilt, as 
to leave no reasonable ground for doubt ? Of this 
chain of evidence, the most material circumstance 
was that which related to the making of the road 
over the body of the deceased : all the circum- 
stances connected with this fact demanded their 
most serious and minute attention; and on this 
part of the evidence, the important question was, 
did the prisoner, at the time he made this road, 
know that the body of the deceased was deposited 
there? for if he knew this fact, and made no dis- 
covery, it was, he thought, difficult to resist the 
inference that he was the murderer 5 and the pri- 
soner himself was well aware that this inference 
would be drawn 5 for, in the very extraoidinary 
letter he sent to his man, William Terry, he says, 
6 If you get me over that road-making, I have no- 
thing to fear/ Indeed, it was hardly possible that 
a person, conscious of his innocence, would have 
prompted a witness what he should swear,' particu- 
larly that he should instruct him to utter direct 
falsehoods. The jury had heard the witness, Wil- 
liam Terry, examined on this subject, and they 
would judge of the weight it ought to have in in- 
fluencing their verdict. Another very important 
point for the consideration of the jury- was, the me- 

% B tho4 



2/S ROBIKSOK. 

thod in which the prisoner had attempted to ac- 
count for the manner he employed his time from 
six o'clock until nine o'clock on the night of the 
1 6th of February, which was probably the time 
when the deceased was murdered. This account 
is contained in the prisoner's examination before the 
magistrates, which' his lordship read to the jury. 
There was one assertion directly contradicted, that 
it was a fine moon light night, and that the mOon 
was near the full ; when it was in evidence, that it 
was rainy, and that the moon was only in her first 
quarter. His lordship said, that other parts of 
his examination, as to his going to Staiths to receive 
some money, accorded with the evidence given by 
the witness Pearson ; but there were three hours, 
the employment of which was very material for the 
prisoner to have accounted for : he was seen at nine 
o'clock at night at EUerby, only a mile from his 
own housf, though he had left it six o'clock in the 
evening; the jury would consider how far the ac- 
count he had given of it was satisfactory. His 
lordship then shortly commented on the expressions 
of the prisoner's wife—' You are not going to con- 
fess what you did not do.' One said, ' If you 
would keep y&ur own counsel, you are safe 5' and 
on the eagerness the prisoner evinced to prevent the 
mole-catcher from proceeding to the quarry, and his 
acknowledging that he had been drunk, contrary to 
the fact, by way of accounting for his unusual ap- 
pearance. The learned judge concluded by con- 
juring the jury to give the whole of the evidence 
the most mature deliberation; and if, on a serious 
review of the whole of the circumstances, they 
thought there was reasonable ground for doubt, to 
acquit the prisoner ; if, on the contrary, they were 
sufficient to produce a full conviction that the mur- 
der 



ROBINSON, 279 

<fcr was perpetrated by him, it was then a duty 
they owed to themselves, to the country they repre- 
sented, to the safety of every individual, to declare 
that conviction, by rinding the prisoner guilty. 
His lordship also expressed it as his opinion, that 
the body had not been originally deposited in the 
place where it was found, but had probably been 
removed there for more effectual concealment. 
When the jury were going out of the box, the 
judge desired thorn to take as much time as they 
thought proper to deliberate on their verdict. The 
jury remained out of court near an hour, and when 
they returned, pronounced the fatal verdict of 
— Guilty j and the judge proceeded to pass the awful 
sentence of the law upon the prisoner; who, on, 
being asked the usual question, what he had to say 
why sentence of death should not be passed upon 
him? said, with much apparent solemnity, * In- 
deed, I am not guilty of this murder : Almighty 
God knows that I am innocent : you may, indeed, 
kill the body, but cannot destroy the soul , and 
ere long, the real murderer will be brought before 
this bar. My servant-man has sworn what is not 
true. I was a friend to him when he was destitute, 
and he has taken away my life. I never hurt any 
one. I was always reckoned Wy my neighbours a 
kind and a tender hearted man.* His lordship-, 
with the most impressive solemnity, addressed the 
culprit in nearly the following terms: " Prisoner, 
after a Jong and impartial trial, before a jury who 
have taken great pains to investigate every circum- 
stance of your case, you have been found guilty of 
wilful murder — Murder, which is one of the most 
dreadful of crime?, is, in your case, heightened with 
peculiar and uncommon circumstances of aggrava- 
tion and horror ; for it was committed with deli- 
a B a beiation 



280 stOBijtfse'X. 

deration on an unprotected and pregnant female 
•—pregnant, there is every reason to believe, by 
you, and who had every claim to your protection; 
who was likely soon to become a mother ; who had 
undertaken, at an inclement season of the year, a 
long journey to meet you, hoping to find in you a 
protector and benefactor : but she found in you a. 
savage, barbarian, and a murderer, who destroyed, 
together, the unfortunate victim you seduced, and 
your child* You hoped to have concealed for ever 
from human observation this bloody deed j but by 
the just providence of God, the very means you 
adopted to conceal your crime were the causes 
which led to a discovery, andHumished the surest 
evidence of your gnilt. A crime of such dreadful 
enormity precludes the possibility of mercy, and I 
would most earnestly exhort you to spend the few 
remaining hours you have to live, in fervently sup- 
plicating the Divine mercy ! It now only remains 
that I pass upon you the last and awful sentence 
of the law — That you be taken to the place 
from whence you came, and from thence to the 
place of execution, and the Lord have mercy on your 
soul. "The prisoner was then taken to the condemned 
cell, where he at first behaved with some violence;, 
continuing to assert his innocence in the strongest 
terms ; and, on the two following days he conti- 
nued to deny all knowledge of the murder j but 
he became more composed, and spent much of his 
time in reading and prayer. He was assisted in 
his devotions by tht Ordinary, the Rev George 
Brown. On Sunday, his wife took her final leave 
of him, in a manner more easy to conceive, than 
describe. On the morning of execution, he made 
a full confession of his guilt, to two men who sat 
up with him during the nighty and afterwards to 

the 



ROBINSON. 281 

the Ordinary, describing the circumstances under 
which the horrid deed was committed. From this 
bis confession, it appears, that the unfortunate 
victim to the prisoner'slust and cruelty, met him on 
the night of the 16th of February, according to 
appointment, on his own grounds near the spot 
where the body was found : the prisoner and this 
ill-fated young woman walked together near an 
hour, conversing on the subject for which she had 
met him : during this conversation, though he had 
met her fully determined to effect her death, he 
more than once relented of his cruel purpose.;- he, 
however, resisted these compunctnous visitings of 
nature, and fortified himself ,in his bloody purpose. 
About eight o'clock, they sat down together in the 
Quarry, Hiilfield, when the deceased reclined 'up- 
on her hand', lamenting in the most affecting 
terms, her unhappy situation, unconscious of the 
fate that awaited her. At this moment, the pri- 
soner stole, unobserved, behind her, land, with an 
axe he had previously furnished himself with, gave 
her a mortal blow on the back of the head, which 
penetrated through the skull to the brain, and in- 
stantly killed her 5 but the prisoner to make more 
sure of the bloody deed, mangled her dead body 
with the murderous axe,, inflicting now on her lire- 
less corpse many deep wounds j and the body was 
then deposited by him in the place where it was 
afterwards found covered with whins 5 a fall of 
snow fendered it neither safe nor necessary, to do 
more for the present ; but the thaw which succeed- 
ed, about the 18th of March, rendered It incum- 
bent to conceal the body more effectually, which 
was attempted to be done in the manner before 
stated on the trial. The prisoner, after his con- 
fession, seemed relieved of a great weight : he 
% B 3 received 



^S2 ItOBItfSON.— ROURKE, 

received the sacrament, and the Ordinary sak?, be 
never witnessed so great a change in any criminal. 
About eleven o'clock, on Monday, July 20, 1807, 
the sheriff, accompanied by his attendants, went 
to the castle to demand the prisoner, and in a few 
moments after he appeared, accompanied by the 
clergyman and the officers of justice, on the new 
drop! before York castle. The unhappy man 
seemed extremely agitated, and trembled excessive- 
ly : after joining in -prayer with the ordinary, he 
prayed by himself with great earnestness. The 
executioner proceeded to do his office, and in a mo- 
ment the fall of the platform terminated his mortal 
existence. — He died instantly. 

ROCHE, T.M.— See Hawley, Henry. 

■ROURKE, FELIX, (Traiuor) was a colonel 
in the rebellion, of 1798 ; previous to which lie was 
Serjeant to the Coolock yeomanry corps, and join- 
ed in a conspiracy to murder captain Ormbsby, 
and some other officers of the corps; a man of the 
name oi Clinch, was executed for his crime. He 
afterwards turned strolling player, but failing in 
that pursuit, he again turned his thoughts to real 
scenes of human bloedshed, in which he acted a 
principal part. He was found gnilty of high trea- 
son in Dublin, September 6, 1803, and with 
John KiHin,and John M'Cann (two other convict 
ed Irish rebeis), was brought up on the 9th, and 
received sentence of death. On this occasion, 
Baron George addressed the prisoners in a most 
feeling manner, but particularly Felix Ronrke, to 
whom he represented the aggravation, which his 
crime received from the part which he took in the 
insurrection ; not only committing treason himself, 
but seducing others to a similar crime. Before 
sentence was passed, Rourke addressed the court, 

in 



ROURKE. 283 

in language calculated ! to convey an impression 
that he was superior to the common herd he, 
however, negatively admitted that he was a leader 
of rebellion on the evening of the 23d of July, 
but solemnly protested that he was never concerned 
in the spilling of blood. Few, however, of those 
who heard him, believed that he was so Jn any re- 
spect, vyhether of intention or action, free from 
the massacre of that dreadful night. On his leav- 
ing the goal on Saturday, September 10. fortxecu 
tion, he endeavoured to affect fortitude, arid to 
baffle a shivering that he was seized with. Being 
asked, was he easy in his mind? he said, he was 
perfectly composed : he went in a smart pace from 
the goal into the cart, and sat on the side going to 
the gallows, and as he went from the prison bowed 
his head to those he saw in the windows, signifying 
farewel to his comrades : on his way, he looked 
much .about him in the town, instead of paying at- 
tention to his book. He was escorted by a strong 
party of horse, and the adjacent yeomanry corps 
were assembled on the spot, to. prevent any attempt 
to rescue the prisoner. Notwithstanding his assum- 
ed boldness, and his protestations of innocence, he 
met his fate with the most abject cowardice ; and, 
at the gallows, confessed the justice of his sentence, 
and recanted his bravado assertions of innocence. 
He was executed in Rathcoole, in the neighbour- 
hood of which he lived: this town, at the time of his 
execution, seemed to have been deserted by its in- 
habitants, there being not one in coloured clothes 
to be seen. The following Monday, Killing and 
M'Cann, were executed in Thomas street : they 
conducted themselves with apparent penitence, and 
acknowledged the justness oi* their conviction, and 
of their punishment. See Emmett, R. vA I. 



t84 KOURKE, — ROUVELETT. 

M'Intosh, Redmond, and Russell, in the pre- 
sent Volume. 

ROUVELETT, alms ROMNEY, JOHN 
DOEKE, (Forgery) was a most notorious 
swindler, well known in Bath, where he passed 
for a West Indian, of considerable fortune and 
family } he was then about forty years of age, had 
the appearance of a Creole, and lived with a wo- 
man of the name of Elizabeth Barnet, who passed 
for his wire. Having been arrested for debt, he 
was occasionally visited by this woman in the Fleet- 
prison, and was afterwards removed by habeas cor- 
pus, into Somersetshire, on a charge of forgery. 
Conscious that Elizabeth Barnet was the only wit- 
ness against him, by whose evidence he could be 
convicted of the forgery, as well as perjury, (an- 
other case also pending, Rouvelett having falsely 
sworn a debt against Mr. Durant, of the York- 
hotel, Albermarle-streef,)he had her taken up for 
a supposed robbery, and charged her with stealing 
his purse in the F>eet-pri.son, containing forty gui- 
neas, half a guinea, and a valuable diamond. 
This cast of singular atrocity, came on at the Old 
Bailey, July 5, 3806. The young woman was 
fashionably attired, and her appearance excited 
universal sympathy. Rouvelett was brought up 
from llchester goal, ironed, to prosecute on his 
Indictment. An application was made to put off 
the trial, on the affidavit of the prosecutor, which 
stated, that some material witnesses at Liverpool, 
had not had sufficient notice to attend. The ob- 
ject of this attempt was to prevent the prisoner 
irom appearing against him on his trial for forgery 
as also to prevent her becoming a witness against 
him in the case of perjury, as already mentioned 
The recorder saw through the transactions, which 

he 




• :m 



W- 



fl, J>. 



&OUVELETT. 



2S5 



fee ckscribed as the most foul and audacious that 
ever were attempted; He ordered the trial to pro- 
ceed. Rouvelett, (who, presumptuously calledhim- 
self a gentleman,) stated, that the prisoner was with,, 
him on the nth of June, 1805, when he drew half 
a-guinea from his purse, and gave it to a messen- 
ger j after which he put the purse, containing the 
property, as stated in the indictment, into the 
pocket of .a stiftout coat, which was hanging up 
in the room, in which was the ring, worth 30/. 
There were no other persons in the room but the 
prisoner and himself 5 and in twenty-minutes after 
she was gone, he missed his property from the 
great-coat pocket. He concluded that the money 
was sate, as the prisoner was gone to Durant's 
hotel, Albermarie- street, and he did not suppose 
her capable of robbing him. She, however, ab» 
sconded, and he never saw her again until she was 
arrested at his suit, jointly with Durant, in an 
action of trover for 20,000/. for deeds, mortgages, 
and bonds, bearing interest, for which bail was 
given. He had no opportunity of bringing her to 
justice for the alledged robbery, he being himself 
a prisoner. (The Recorder here remarked, that the 
prosecutor could find the prisoner for a civil suit, 
although he could not find her for the criminal act)s 
On the cross-examination of the prosecu.or., said 
he was born in St. Martin's in the West- Indies, and 
had been at most of the islands in that quarter: 
his uncle was a planter in the West Indies, and 
he lived on such means, whilst in England as his 
family afforded him : he was brought up in Am . 
sterdam, at the house of 'Mi*.. Hope, banker; after 
which he became a lieutenant in the British army 
(the 87th regiment). He knew Mr. Hope, of Har* 
ley- street, Cavendish-squaie, and Mr. Hope knew 

him 



£8$ R©UUELETTo 

him to be Mr. Rouvelett, of St. Martin's, for the 
two families had been closely connected for 100 
years. He lived in England on remittances from 
his uncle, in goods or bills, but he had no property 
of his own. Messrs- Stevens and Boulton used to 
pay witness his remittances at Liverpool, but he 
could not tell who paid them in London. The 
Recorder observed, that the witness should not be 
pressed too for in giving an account of himself* as 
he stood charged with forgery. On being asked, 
if he, (the p osecutor) had not said he would be 
revenged on the prisoner, as she was intimate with 
Durant, and charged her with a felony, he an- 
swered that he did not recollect having said so; 
but the question being pressed, he partly acknow- 
ledged it. The purse, which was empty, witness' 
acknowledged was found under his pillow, on the 
32th June, the day after the alledged robbeiy, by 
liis chum,* a man of the name of Cummings. The 
prisoner was with him in prison after the itth of 
June, although he had said she had absconded. The 
recorder did not suffer the cause to be farther pro- 
ceeded in, and directed the Jury to acquit the pri- 
soner 5 observing, that this was the most foul 
charge he had ever heard of. The disgust of the 
persons in court, was manifested by hisses and 
groans, as the fellow retired, in such a manner as 
baffled the efforts of the officers of justice for some 
time to suppress. The trial of this malicious of- 
fender, (who was thus happily disappointed in his 
views), came on at Wells, August 12, 1806, be- 
fore baron Thompson, and excited uncommon in- 
terest throughout the county of Somerset. He 



i. e. Companion or lodger in the same room. 

was 



rouvelEtt. 2S7 

was indicted for having feloniously and knowingly 
forged a certain bill of exchange, dated Grenada, 
ioth of November^ 1808, for 4.20/. sterling, pay- 
able at nine months sight, to the order of George 
Donley, esq. and drawn by Willis and Co. on 
Messrs. Child and Co. in London, with the forged 
acceptance of Messrs. Child and Co. on the face 
thereof, with the intent to defraud Mary Simeon . 
Mr. Philip George, the younger clerk to the 
mayor of Bath, stated, that the bill in question 
was delivered to him by the mayor of Bath, and 
that he had ever since kept the bill in his own cus- 
tody. Mrs. Mary Simeon, dealer in laces, at Bath, 
was next called, and was proceeding to give her 
evidence, when Mr. Jekyl, counsel for the prisoner, 
submitted] a legal objection to the court. He ob- 
served a difference between the bill itself, and the 
bill as set forth in the indictment. The words to 
which he alluded, were " Willis and C." in the 
bill, whereas in the indictment they were set forth 
" Willis and Co." After some discussion, baron 
Thompson and the jury agreeing that there ap- 
peared no essential difference, as the letter could 
be distinguished, the objection was over-ruled. 
Mrs. Simeon having been then permitted to pro- 
ceed, stated, that in April, 1805, sne lived at 
Bath 5 the prisoner at the bar came to her house on 
©raboutthe 16th of the preceding March, having 
looked at several articles in which she dealt, he 
bought a fan, paid for it, and said he should bring; 
his wife with him in the afternoon. He according^ 
ly did so, and brought Elizabeth Barnetashis wife, 
Mrs. Romney 5 he asked whether Mrs. Simeon had 
a Brussels veil of 150 guineas value ? The witness 
answered, she had not 5 he then bought two yards 
of lace, at four guineas a yard, and went away. 

Tins 



238 ROUVELETT. 

This happened on a Saturday. The Monday fol- 
lowing, he came again, accompanied by his wife, 
looked at a lace cloak, at veils' worth five and 
twenty guineas, and other goods, but did not buy 
any., Jn the course of the week he called again, 
and^proposed to the witness to purchase a quanti- 
ty .of goods, if she would take a bill of along date, 
accepted by Messrs. Child and Co. bankers in Lon- 
don.,, Witness, answered, she had no objection to 
take- a bill accepted by such a house. He returned 
in two or three days, and purchased articles to the 
value of about 14.0/. which, with other goods after- 
wards bought, and with money advanced by her, 
made the prisoner her debtor to the amount of 
299/. He bought all the articles himself, unac- 
companied by his wife. In the month of April, 
between J he 20th and 24th, trie prisoner proposed 
paying for the different articles, and he brought 
-his wife to the house j when a meeting took place 
sbet ween 'them and the witness, and' her brother, 
Mr. J}u Hamel. He said, * I 'am going to Lon- 
don, and I should like to settle with you : this 
is the bill I proposed to you to take ; it is accepted 
-.by* Child, and Co. bankers, in London ;' and turn- 
ing over the bill, he added, 'the imlorser is as 
good-, as the acceptors.' The bill 'was here pro- 
educed, and proved by Mrs, Simeon to be the 
same which the prisoner gave to her in April 
1804., „ The witness then took the bill, and 
her brother Mr Du Hamel, paid to him for her 
,3-5/. which, with the articles previously bought, 
made the -whole, of the prisoner's debt to her 299L 
He r wrote before her on the bill the name of John 
Romney, as his name. He afterwards went to 
v-L^n,don^by the mail. She sent the bill next day to 
London* : The conversation which passed between 

hsV 



ROUVELETT. 2S§ 

her and the prisoner, in the presence of her brother 
and Elizabeth Barnet, was entirely in the French 
language. He left his wife at her house, where 
she slept. While he was absent, the witness re- 
ceived intelligence from London that the bill was a 
forgery, and she instantly wrote a letter to the pri- 
soner informing of it. He came to Bath in conse- 
quence of the letter, late of a Sunday night, and 
a meeting took place then at her house between: 
him, and his wife, herself, and her -brother, and 
her solicitor, Mr. Luke Evill of Bath. The con- 
versation then passed in English. Several questions 
were put to the prisoner by herself and by Mr. 
Evill. Mr. Evill a^ked him, whether he had any 
business with W. A Bailey, the indorser, which 
induced him to take the bill. He said Mr. Bailey 
had sold some sugar for him. She asked him if 
Bailey lived in London; he replied, at some inn 
or coffee house, the name of which >.he did not re- 
collect. He was then asked in what island or 
or islands Mr, Bailey's property was situated : he 
mentioned two or three islands in the West Indies* 
but he did not know in which of them Mr. Bailey 
at that time was. The prisoner then enquired 
wherethe bill was: and being informed by the 
witness that it was in London, he said she must 
write to get it sent back. She, however, declared 
that such an application would be unavailing, and 
the prisoner pressed her to go to London herself? 
She refused to go alone, and he entreated Mr. 
Evill to accompany her, saying, that he would 
give Mr. Evill 20/. to defray the expences of the 
journey, which he accordingly did. She set out 
at ten o'clock that night, accompanied by Mr. 
Evill, and obtained the bill from Messrs. Sloper 
and Allen, in whose custody it was, by paying 1 
vol, xv. a c thre$ 



290 SiOUVELETT. 

three hundred guineas, which was all the money 
she then had at her banker's. She brought the bill 
back to Bath, having stopped but one day in Lon- 
don ; but the prisoner was not at Bath when she 
returned. He had left some property at her house 
with his wife, who had removed from Sidney- 
house, with his clothes, &c. The bill remained 
after this in her custody about a twelve month, and 
and was given up to Mr. Evill by her brother. 
Mr. Dorant paid the whole of the debt due by the 
prisoner, on the 6th of Jfyjay 1805; a few days 
after the prisoner flnajly kh Bath. Upon the 
cross examination of Mrs. Simeon, it appeared, 
that>he considered the prisoner and Elizabeth Bar- 
net as man and wife. It was not until May, 1806, 
that she appeared before the Mayor of Bath, 
against the prisoner, whom she knew to have been 
in the Fleet-prison. She did not go before the 
magi tr rate at the solicitation of Mr, Dorant, nor 
did she at any time, nor on any .account, receive 
any money from Dorant, but what was actually 
^nd fairly due to her by the prisoner. Mr. Du 
Hamd, brother of Mrs. Simeon, corroborated all 
the principal facts staged by his sister. Mr. Whelan 
deposed, that he was a clerk in the house of Messrs* 
Child and Co. He had filled that situation for 
about nine years, an J, from his knowledge of the 
"business, he was enabled to state their manner of 
accepting bills. The house had no correspondence 
whatever at Grenada by the name of Willis und 
Co. and the acceptance which appealed on the 
face of the bill was not the acceptance of Messrs. 
Child ar\d Co. Mr. Comyn was next called* but 
his evidence was not material Mr. Luke Evill, 
solicitor for the prosecufiu , stated, mat he. had 
sent the bill from Bath to his agent in London, 

for 



ROUVELETT. 291 

for the purpose of its being delivered to Mr. Dorant. 
Elizabeth Barnet, the next witness, said, that she 
became acquainted with the prisoner in the month 
of September, 1804, when at Liverpool. About 
a fortnight after she saw him, she began to live 
with him, and continued till the 16th of June* 
18055 during all that period she passed under the 
name of Mrs. Romney. She left Liverpool m. the 
month of January, 1805, an ^ came to London 
with the prisoner. *f hey then sook lodgings at 
Mr. Doranfs hotel, in Albermarle street. The 
account he gave of himself to her was, that he was 
a West India planter, and that he had estates in 
Martinique and St. Kitt's. They remained be- 
tween two and three months at Mr. Dorant's ho- 
tel, during which ime they were not visited by any 
body except a Mr. H®pe, whom she remembered 
seeing with the prisoner. This Mr. Hope was not 
represented to her as being from Holland. She 
accompanied Mr. Romney to Bath, and on their 
arrival there, they lodged at the White Hart-inn, 
for ahout a fortnight, previous to her lodging at 
Madame Simeon's. Soon after their arrival at the 
White Hart, she went along with the prisoner to 
Madame Simeon's to lobk at some laces and a 
black cloak. None of these articles, however, 
were purchased at that time by the prisoner, they 
being afterwards bought when she was not present. 
She hearri the prisoner state to Madame Simeon, 
that he would give her a bill of Exchange, accept- 
ed by Child and Co. of London. She did not 
then see any bill in his possession, but saw him 
writing once three days afterwards, when he sent the 
witness for some red ink. She brought it to him, 
when he was still writing on the same piece of paper, 
and he soon afterwards wrote thereon with the red- 
a c % and 



292 ItOUVELETT. 

ink and put it up into his pocket-book without say^ 
ing any thing. The next day he told her she must go 
and walk with him to Madame Simeon's, as he 
was going to pay her for some articles he had 
bought, which the witness had by that time got 
sent home to her. She accordingly accompanied 
him to Madame Simeon's shop, where she saw 
that lady, and her brother, a Mr. Du Hamel. 
A conversation then took place betwixt them, 
which being entirely in French, she did not under- 
stand. She, however, saw a paper given by the 
prisoner to Madame Simeon, which he took out of 
his pocket-book. This was the same paper which 
she had formerly seen him writing. A good deal 
of conversation ensued after the bill was put down, 
and she then saw jRomney put his name to it. The 
bill in question was here shewn to the witness, and 
she distinctly identified it as being the same one 
she had formerly seen the prisoner write upon with 
red-ink, and afterwards indorse with his name. 
Two or three days afterwards, the prisoner left 
Bath for London, and the "witness remained at 
Madame Simeon's. He returned on the Sunday 
night following, and remained at Madame 
Simeon's till next day. She observed, that he 
was then very much disturbed, and she enquired 
the reason. The prisoner answered, by saying, 
* He must be hanged.' He asked her to fetch him 
his writing de>k, which she did. He then took 
out a large parcel of papers, and burnt them. 
She had no opportunity of seeing what those/papers 
were. She asked him, 'were the papers any harm }' 
He said * yes,' and that there was a paper which 
must not be seen. He further desired her to go to 
such and such a trunk, and there she would find a 
plate, which he wished her to take the first oppor- 
tunity 



ROUVELETT. 29$ 

tunlty, of throwing into the river. This plate she 
found without any thing with it, and she put it 
into her own trunk amongst her wearing-apparel. 
He wrote her a letter afterwards from Chippenham, 
requesting heir 'to remember the river.* (This 
letter not being produced, no interrogations were 
put concerning it). She had not an opportunity 
of throwing this plate into the river, as she never 
went out but under Madame Simeon's protection. 
She never lived with the prisoner after that day, 
(June 6, 1805) She, however, remembered visit 
ing him in the Fleet-prison. She was soon after- 
wards arrested at Bath, at the prisoner's instance, 
for the sun of 20,320/. and carried to Winchester 
gaol, and afterwards removed to the King's-bench. 
She saw the prisoner on this occasion, and again at 
the Old Bailey, when be was examined as a witness 
against her on her trial. He then charged her 
with having robbed him on the nth of June, 1805, 
of forty guineas and a diamond ring, when he was 
in the Fleet- prison. This charge was totally with- 
out foundation, as was also the alledged debt of 
20,320/. She never had any transactions in her 
life to which such a charge could refer. She heard 
him also give his evidence at Westminster-hall. 
On her cross examination she deposed, that her 
real name was Elizabeth Barnet. She is the daugh- 
ter of a farmer in Shropshire, from whom she had 
had a plain education, She left her father when 
nineteen -years of age, and went to Liverpool, 
where she lodged with a fVlrs. Bamsj she lived in 
Liverpool about nine or ten months. After she 
had left off seeing Mr. Rouvelett in the Fleet, she 
lodged at a Mr. Fox's, in Henrietta street, Covent- 
garden, for seven or eight weeks. She afterwards 
Tverit to Berry-street. To some additional inter- 
nes together 



291 HOUVELETT. 

rogatories by Mr. Burrough, she answered that the 
prisoner Romney sued out a writ against her for 
J200I, exclusive of the sum before mentioned. This 
was after she had ceased to visit him in prison, 
and had gone to reside at her father's, and it was 
also previous to the arrest for the 20,320/. already 
taken notice of. No demand was made against 
tier by the prisoner, when she visited him in the 
goal. She is now about to return to her father's, 
and he knows of her intention to do so. She has 
three sisters and a brother, who were all residing 
with her father when she first left home; When 
she was arrested for the 20,320/J she was examined 
before the Mayor of Bath. What she related 
concerning the bill in question, she most solemnly 
declared was the perfect truth. On the interroga- 
tories of Mr. Baron Thompson, the learned judge, 
she fuither added, that she could read writing pretty 
wd\ : when she brought the red-ink to the prisoner, 
she remembered asking him what he had written, 
and he said he was drawing on Child and Co. She 
then observed to him, that what he had written 
with the red ink looked very handsome : this made 
her perfectly certain as to the bill produced on this 
trial, being the identical bill she had seen the pri- 
soner writing. Mr. Romney at that time thought 
she could not read writing 5 he was then teach- 
ing her to write his name as he did, and she 
made considerable progress in imitating his hand. 
The bill upon which he wrote across with the red- 
ink, wa> printed (meaning engraved) exactly as 
the one now produced. The next day when she saw 
the bill given by the prisoner to Madame Simeon, 
she particularly remarked the date upon it being 
the same as that she had formerly seen. The pri- 
soner was culled on for his defence, and, apparently 

witk 



ROUVELETT. 295 

with considerable confidence and firmness, ad- 
dressed the court, observing that the circumstances 
attending the bill for which he stood charged, he 
could very well explain; about the month of June, 
1803, a quantity of coffee, rum, and sugar, the 
produce of his estates to the West-Indies, were 
sold by his agent, a Mr. M'Claurin, to a gentle- 
man of the name of William Anthony Bailey, for 
which he (Mr. Bailey) gave a bill of exchange, 
drawn by the house of Calvert and Simpson, of 
St. Christopher's, in the West-Indies, upon the 
house of Bond and Proctor, at Lancaster, at six 
month's date, for 218/. 16s. This bill, he (the 
prisoner^) consented to take as payment of the 
produce sold, and coming to England upon busi- 
ness, he brought it with him. On being presented 
to the house of Bond and Proctor, acceptance was 
refused, and it was therefore noted, and returned 
to his agent in the West Indies in the year 1804, 
who meeting with Mr. Bailey, at St. Bartholo- 
mew's, received in lieu of the said bill a bond for 
30c/. to answer the damage arising from the ex- 
pence of protesting, &c. as well as the original 
sum. This bond was transmitted to him by his 
agent, who advised at the same time, that Mr. 
Bailey would be in England, in the end of Sep- 
tember, 1804, and that the transaction could be 
settled with himself. On Mr. Bailey's arrival in 
London, January, 1805, he (Romney) received a 
letter from him, addressed to him when atLiverpool, 
informing him of his readiness to settle the busi- 
ness. He (the prisoner) accordingly waited on 
Mr. Bailey at his lodgings, Craven-street, Strand, 
when he offered him some other bills of exchange, 
drawn and accepted by other houses in England, 
which he (the prisoner) did not object to., provided 

he 



296 ROUVELETT. 

he knew the acceptors. Several bills were then 
produced, and among others, that one in question 
for 420/. which he consented to take from him, and 
pay him the'difference, which amounted to 1 39/. 7s. 
The bill was then indorsed by Mr. Bailey to him, 
on his assurance that it was a good and valid draft 
on Messrs. Child and Co. It having then about 
seven or eight months to run, itHbecame in a man- 
ner useless to him, as he could not get it discount- 
ed. Happening to be at Bath, he offered it to 
Mrs. Simeon, she having no objection to take it 
in payment of an account run up to 13c/, by the 
young woman who had accompanied him there. Mrs, 
Simeon, agreed to account to him for the proceeds. 
Having occasion to go to London upon his busi- 
ness, Mrs Simeon offered him the use of an apart- 
ment for his trunks, &c. which he gladly accepted 
of, and went off, leaving the young woman under 
the care of Mrs. Simeon. He was then lod^in^ at 
Sidney-house ; and as he did not think it safe to 
leave his effects at a public hotel, he removed 
them to Mrs. Simeon's house in the'Giove, Bath, 
in his own carriage, and by his own servants. As 
he could not get a large Bank of England note for 
100/. broke or changed into small notes, he ap- 
plied to Mis. Simeon, who accommodated him 
with the loan of 30/. in small Bank of England 
notes, and at the same time he indorsed the bill for 
420/. to that lady, in the presence of her 'brother, 
who offered hsm more money in country bank- 
notes, which he refused, as he only wanted so much 
<as to pay the expences of his journey to London. 
After leaving his address with Mrs. Simeon, he was 
accompanied by her brother to themajl-jcoabh. The 
address he left was, ' Doiant's hotel, or at Harman 
and Go's, Old-Jewry.' After being a few hours 



ROUVELETT. 297 

in town, be was arrested at the suit of his jeweller, 
Mr. Davis, of Sackville* street, for a sum of near- 
ly 700/. which he had refused to pay, on account 
of the greater part of the charge being tor dia- 
monds, sent to him at Bath, against his positive 
orders. Mr. Dorant, the hotel- keeper, offered* 
unsolicited, to become his bail in the action, so 
that he was released from the lock-up house, and 
went to Dorant\s, where he found a letter from 
Mrs. Simeon, apprising him of the bill being a 
forgery, and requiring his return to Bath, or to 
advise her what she was to do in the business. He 
was then extremely ill of a fever, created by the 
agitation of having been arrested 5 but notwith- 
standing his situation, he immediately set off to 
Bath, after writing her an answer byjthe mail two 
or three hours after he had received her letter. On 
seeing Mrs. Simeon and her brother, the forgery 
became the subject of discussion. He avowed 
that he was then ready to reclaim the indorsement, 
and he tendered back to Mrs. Simeon the 30/- or 
35/. which he had borrowed of her. She appeared 
to expect that he would lend her about 430/. which 
he resisted, as he had not so much money about 
him. He told her solicitor, who was present, that 
he was perfectly ready to account for the bill hav- 
ing come into his possession 5 and, therefore, that 
he had little to apprehend from any criminal prose- 
cution by Messrs. Childand Co. He referred Mrs. Si- 
meon and her brother to Mr. Hope, of Harley-street, 
and to Messrs. Harman and Co. of the Old Jewry, 
for his character, he being personally known to 
them. He had also recommended to Mrs. Simeon 
and her solicitor to make the necessary inquiries 
respecting the bill 5 and, therefore, wished them 
to go to London, and had readily paid their ex- 

pences, 



S09 &OUVELETT. 

fences. He also observed, as a proof of his Inno- 
cence, that he might, when in the rules of the Fleet, 
have made his escape, had he been conscious of any 
guilt ; and concluded his defence by a long detail 
ot circumstances, for the purpose of shewing that the 
prosecution was founded in malice. The only witness 
called upon in part of the prisoner was George Fox. 
It appeared, that Elizabeth Barnet had lodged at 
his house, in Henrietta street, Coven t-garden, about 
two months ; he was a tailor and draper. Baron 
Thompson summed up in a very able manner, and 
recapitulated,, with great minuteness, the whole of 
the evidence. The jury, having consulted for a 
few minutes, returned a verdict of — Guilty of 
forging the acceptance, aud of uttering it, knowing 
it to be forged. The trial lasted nearly twelve 
hours, and the court was filled in every part. 
Among the audience were the first characters in 
the county. This unfortunate but notorious of- 
fender was executed at Ilchester, pursuant to bis 
sentence, September 3, 1806. He was dressed in 
a blue coat with metal buttons, striped trowsers, 
green slippers, and a fur cap. His last days were 
chiefly spent in writing letters, many of which he 
delivered to Mr. Broderip, the under-sheriff, re- 
questing they might be sent to the several persons 
to whom they were addressed, in England and the 
West- Indies. He declared his being guiltless to 
the last. After the usual time spent in devoutly 
praying under the gallows, he said a few words to 
the populace, entreating their prayers in his be- 
half, declaring that he died in peace with all the 
world, but still persisting in his innocence. As 
soon as the cap was drawn over his face, he in- 
stantly dropped his handkerchief, and was launched 
into eternity. Ke had been buoyed up with the 

hopes 



ROUVELLETT— ~ RUSSELL. 29f 

hopes of a reprieve or respite, and even on the 
moming of his execution, expressed great surprise 
that none had arrived. 

RUSSELL, THOMAS, (traitor,) was the 
only leader of note in the Iri>h rebellion of 1803, 
after Emmett (see vol.i.), who, under the title of 
the general of the North District, under the pro- 
visional government, issued a proclamation to that 
district on the 23d of July. This man had been 
long distinguished for superiority of talents, paiti- 
cularly as a military character. He had served 
both in the East and West Indies, and in the latter 
with great credit, in the same regiment with Gene- 
ral Knox, with whom he went to Ireland, and was 
very attentively treated by the Northland family, 
through whose interest he was appointed a magis- 
trate of the county of Tyrone, and he lived for 
some lime at Dungannon ; but in consequence of 
a difference with the Northland family, entirely- 
arising from politics, he removed to Belfast, where 
he resided until the year 1792, when he was arrest- 
ed, wijh Samuel Nelson and others, and conveyed 
to Newgate, Dublin : there he remained a prisoner 
until 1798, when he was sent, with Arthur O'Con- 
nor and others, to Fort St. George in Scotland. 
At the conclusion of the last peace he was, with the 
other prisoners, liberated, and he proceeded to 
France. He lived in Paris during the peace, and 
was observed to be intimately acquainted with many 
of the members of the French government, and 
with several of the first generals in France. Imme- 
diately subsequent to the declaration of war, he was 
missed from Paris, and found his way to Ireland. 
His mal-practiees having been discovered by go- 
vernment, one thousand pounds were offered by pro- 
clamation for his apprehension* but his arrest was 

net 



300 ; RUSSELL. 

not produced in consequence of that offer. It was 
owing to a Mr. Emerson, of the attorney's corps. 
He had received information, which was obtained. 
through the vigilance of the divisional inspector of 
the district, that a stranger of suspicious appear- 
ance was observed in the house of a Mr. Muley, 
gun-maker, in Parliament-street. This circum- 
stance, Mr. Emerson immediately communicated 
to Mr. Secretary Marsden, by whom he was referred 
to Major Sirr. Mr. Emerson accordingly called 
upon the major, and, accompanied by him and 
Lieutenant Minchin, with a detachment of Cap- 
tain Green's corps of yeomanry, under the command 
of Lieutenant "Beton, proceeded to the house in 
question about ten o'clock that night, where, in a 
garret-room, they discovered the person whose con- 
duct had excited suspicion. On their attempting 
to examine him, he drew forth two loaded pistols, 
which he snapped at them, but both of them missed 
fire. Being recognised by Sirr, as Russell, the re- 
bel general, he was seized and taken to the castle. 
He represented himself as Mr. Thomas, but Sirr 
had recollected him since he was a prisoner in New. 
gate 5 and, upon being taken to the castie, he was 
immediately identified by an old acquaintance of 
his, the Hon. Captain Knox, son of Lord North- 
land, under whose patronage Russell once was, un- 
til he had forfeited it by his political principles. 
Other northern gentlemen, who were at dinner with 
Mr. Wickham, also knew Russell. After he had 
acknowledged his real name, he avowed his pur- 
pose in coming to the country* and spoke in the 
boldest language of the * glorious cause' in which 
he was engaged — c It is that,' said he, * for which 
I f would meet death with pleasure, either in the 
field or on the scaffold,' His trial <#rne on Octo- 
ber 



RUSSELl. 301 

Ber 19, 1 80 3, before a special commission at 
Downpatrick, Ireland : it occupied the attention 
of the court from ten in the morning, till past eight 
in the evening. One very important fact came out 
In the course of his trial : that, with all the influ- 
ence which he possessed at one period among the 
lower orders 5 with all the exertions which he made, 
aided by the manners of a popular leader, he was 
unable to raise any thing like a formidable body of 
insurgents. Individual adherents he met with $ 
but the great body of the people shewed no dispo- 
sition to espouse his cause. The prisoner, having 
been asked if he had any thing to say why sentence 
of death should not be passed upon him, addressed 
the court in an eloquent and energetic, though ra- 
ther a somewhat unconnected speech, of about 
twenty minutes 5 in which he took a view of the 
principal transactions of his life for the last thirteen 
years ; and on a retrospective view of which, he 
said, he looked back wi A triumph and satisfaction. 
He endeavoured to vindicate his conduct from the 
criminality attached to it, by asserting that in ail 
he had ^one, he had acted from the conviction of 
his conscience ; and anxiously requested that the 
court would make him not only the first, but tht 
only life which should be taken on the present oc- 
casion \ mercifully sparing to their families and.-- 
ftiends the lives of those men whom it was asserted 
be had led astray. The Hon. Baion George, after 
a pathetic address of some length, then pronounced 
the awful sentence of the law, which the prisoner 
listened to with the greatest composure-— bowed 
respectfully to the court, and then retired in the 
custody of the sheriff. This unfortunate man was, 
executed on Friday, Oct. 21st, 1803, and suffered 
with a degree of fortitude worthy of a better cause, 
a b He 



302 RUSSELL — SCHESTACK, 

He was very liberally educated ^ and, in some 
pamphlets written by him upon the state ©f Ireland 
previous to 1798-, he manifested considerable genius 
and information. He was about si* feet high, of 
a very noble mind, a remarkably well- proportioned 
stature, and very marked countenance. His mind 
seemed strong. His conversation was very inte* 
resting, where he was disposed to be communica* 
tive ; but he was in general reserved. His manners 
were highly polished. On the whole, he appeared 
to be amazingly well calculated to conciliate at- 
tachment, and insure obedience. See Redmond, 
&c. in the present volume. »• 
RUSSELL, RICHARD. . See Webb, G. 



SCHESTACK, ANDREW, (murderer,) 
an Hungarian oy birth, and who had served in the 
Austrian army, but having been taken prisoner by 
the French, he next served them, and was in th© 
army under Mortier. This malefactor was tried «1* 
the Lent assizes at. Maidstone, March %6 } 1807, for 
the wilful murder of Thoraazine Ward, ar St. Pe- 
ter's in the isle of Thanet, on the 6th of the pre- 
ceding January. The counsel for the prosecution 
observed, that the prisoner was a private soldier in 
the king's German Legion, and the unfortunate 
woman who was murdered was at the time a shop- 
keeper of respectability, residing at St. Peter's, in 
the isle of Thanet. She had taken a walk to 
Broad stairs, about a mile distant from her place ©f 
residence, and not having arrived back again at the 
time appointed, her husband became alarmed for 
her safety, and, on search being made, the body 

was 



SCHX STACK. 303 

was fottnd in a field, about sixty yards from the 
road. It "was evident that the unfortunate woman 
had experienced much violence j her body was ex- 
posed, and her person had been injured. The pri- 
soner (it would be proved) was seen walking a few 
yards distant from the deceased a short time before 
She murder was committed, and it would be proved 
m evidence that he was absent from his guard, 
without leave, from seven till ten o'clock : hh 
shoes were dirty with field dirt; and it would be 
proved that he was found in possession of three 
handkerchiefs, the property of the deceased, which 
fead been taken from her. On being questioned 
where he was at nine o'clock, the prisoner said he 
was at the Neptune's- Hall public house, which 
would be contradicted in evidence \ and he said the 
handkerchiefs found in his possession had been 
given •him a stranger. In another conversation the 
jMfkoner had said he saw a man knock a woman 
dawuy and it was the same man who gave him the 
Itettdkerchrefs. A ribband was -found tied very 
tight round the neck of the, deceased \ and It 
'would be proved by her husband, that she never 
wore an appendage of the kind. It would be stated 
fay a surgeon, that by this ribband the deceased 
was strangled. Under the strong circumstances at- 
tending the ease, the jury would have no doubt of 
the guilt of the prisoner. The facts, as stated by 
the counsel for the prosecution, were brought home 
to the prisoner by the several witnesses \ and Judge 
Heath having summed up the evidence, the jury 
without hesitation, found him — Guilty, He was 
accordingly sentenced to be executed the following 
Saturday, and his body to be dissected. The pri- 
soner had an interpreter 5 and, after sentence was 
|sassed on him, he said, li There is one God and 

% D Z 0!R& 



304 SGHESTACK — SCOLD WE LX. 

one Heaven, and be had one prayer to make,'" the 
judge having informed him he need not expect 
mercy In this world. His execution took place, 
March 28, 1807. He professed the Catholic reli- 
gion, and was attended to the scaffold by a priest. 
His appearance was much altered since the day of 
his trial : he then appeared a stout, athletic, and 
vigorous young man ; but when at the place of 
execution, his whole frame seemed broken and en- 
feebled. He prayed with great fervour ; bur* 
strange to say, he persisted to the last in denying 
iiis guilt, and asserting the same improbable tale 
which he told on his apprehension, namely, that he 
saw another man knock the woman down, who gave 
him her handkerchiefs. 

SCOLDWELL, CHARLES, (thief,) was a 
servant of the law, but having abused the power 
■with which he was entrusted, and wantonly added 
to the distresees of the unfortunate, was convicted 
of- feloniously stealing two live ducks. The par- 
ticulars of this extraordinary transaction are as fol- 
low. The prisoner was executing a writ which he 
had against the prosecutor, Mr. Spurling ; the debt 
amounted to 16I, js. At ten at night, the pri- 
soner obtained admission to Mr. Spurling, and in- 
formed him, he had a writ against him, and he 
must immediately go with him to Newgate : to this 
the prosecutor demurred, as to the harshness of the 
intended removal, for if there was any demand 
against him, he was ready to settle it. The pri- 
soner replied, " No, no, you shall not settle it 5 
you must immediately come with me to Newgate, 
and you must hire a post-chaise.'" Mr. Spurling 
replied, " that is hard to be obliged to hire a 
po^tchaise to cany one's self to Newgate ; if you 
will take me in an humble single horse -chaise, 

which 



SCOL DWELL. 305 

which I have cf my own, I will go with you to 
Newgate." The prisoner's follower, whose name 
was- Taylor, said, be thought they had better settle 
fhe matter : and in the prisoner's presence, asked 
Mm, what kind of accommodation he could afford ? 
Mr. Sparling said, " I have 15/. in the house, that 
you shall have, and something else to secure the 
balance, being if, ji** Upon this the prisoner 
asked him, if he had a watch, and he replying in 
the affirmative, the prisoner immediately said, " I 
must have that." This treatment was the more op- 
pressive at that period, as his wife was then very 
near that crisis, when every good husband is more 
than ordinarily careful of his wife's safety ; and, 
therefore, Mr. Spurling, rather than leave his wife 
m that situation, gave the prisoner his watch, 
which he took, together with the 15/. already men- 
tioned. Scoldweli had no sooner got possession of 
these^ than he increased his demand : Says he, 
** this is a trifling thing j §ueh gentlemen as we are* 
cannot come into the country without something to 
irear out* expences/ 9 Upon that he asked the pro- 
secaror for some money 5 who replied, that u he 
Irad only a few halfpence left, which he had taken 
in the course of his trade on that day, and which 
amounted to about ten shillings:" Scoldweli re- 
ceived that t^n shillings also. The prisoner soon 
after asked, if there were no fowls about the; house* 
Mr. Spurling told him he had only one or two. 
Then the prisoner inquired for a goose, because h$ 
said his wife was very fond of goose. The prose- 
cutor said, he had one ; and the prisoner said, he 
would take it to town. On the prosecutor's re- 
monstrating with him, the prisoner said he must 
have a gojse j the prosecutor then let him have 
®ne. Still the rapacity of this man was not satis- 
z J> 5 lied 



S06 SCOT. DWELL. 

fied : he was no sooner possessed of this, but taking 
advantage of the prosecutor's peculiar situation 
with respect to ins ue, he pursued His demands, 
extending even to the, lea c e ot the house. The 
prosecutor, wearied with his repeated exactions,, 
told him, the lease was his ail, for he had expended 
300/. on the premises a short time before, how- 
ever, the prisoner obtained possession of this lease 
also. These demands being thus complied with, 
the prisoner was still discontented : he said, " I 
must have a note for 40/, on condition that the 
Jease, watch, and every tiling, shall be mine, unless 
this debt and costs are legally settled within 
twenty- one days."" This note, also, the prosecutor 
gave him ; and here was a termination to such al- 
most boundless rapacity. The prisoner left the 
prosecutor at about four or five in the morning, 
who, having to prepare his bread, retired to his 
bake-house : he saw the prisoner, however, going 
towards the stable, in which were two live ducks. 
The prisoner soon after left the stable and went 
away. About six in the morning, the prosecutor's 
wife ordered the ducks to be let out and fed as 
usual: the ducks were gone from the stable. The 
prosecutor saw those two ducks there about two 
hours before ; and it was proved that they were ac- 
tually in. the stable at that very time. It was also 
proved that nobody went into the stable but the 
prisoner; and a sort of confession, or, at least an 
admission, by the prisoner himself, was established, 
that he was the person who stole these ducks ; for it 
h&ppejbed that the prisoner, as he was coming back 
to town, met with the driver of a stage coach : he 
got on the top of the coach, and in the course of a 
few miles, not foreseeing, at the moment, the event 
of this evening, tapped the coachman on the shoul- 
der, 



9C0LDWELL. 307 

«fer, and cried out, S^uack! Quack I Tick! Tick! 
The coachman asked what he meant j the prisoner 
implied, 4i I have done the baker out of his 
ducks ! I have done the baker out of his watch V 
When they had proceeded a gteat way farther, the 
coachman stopping to water, the ducks were fall- 
ing out of the prisoner's pocket, and the coachman 
said t& him, Mr. Constable, if you do not take 
care? you will lose the ducks you have stolen ; his 
leply was not a denial of that charge 5 '* No, no," 
says he, " I will rake care, I will keep them fast. * 
The prosecutor said he did not charge the prisoner 
with the offence, till the 16th of August, when he 
came to give the bail-bond in London, as he did 
ifcot know it for a certainty before. They then 
dined together in the city at the Red Lion, and 
when filling up the bail-bond, the prosecutor ac- 
cused him of stealing his ducks $ when the prisones 
was very angry, and called him out of the room s 
saying, " I did have your ducks, but if you make 
any more piece of work, I will lock you up 
directly." William Wager (the prosecutors bail) 
who keeps the Duke's- Head at Bed font, said, his 
friend should not be locked np, for he had 50/, by 
Mm, and he should not be locked up. This wit- 
ness said, that, on the 16th of August, he went to 
Mr.Scoldwells house, who asked him where the 
baker was. The witness told him, gone into the 
city about some business: he said, he wanted him 
there, to lock him up. The witness asked hini 
what he could want to lock him up for, was he not 
come to give bail ? The prisoner said, he must do 
his duty, and lock him up. The witness told him 
to come with him into the city, and they should 
meet him. The witness then asked him, how he 
came to do the baker out of his ducks ; his wife 

said 3 



308 SCOJLDWELL— SIMMONS. 

said, "What ducks? 11 Wager told her, two 
ducks which the baker mis^ejd, and which Sadler 
told him he had ; his wife said, she was sure he had 
brought no ducks there. When the prisoner and. 
witness came out, the former was very angry that 
mention was made of the dscks to his wife : " Do 
you think/* said he, 4 * that I take everything 
home to my wife that I get ? I had them dressed 
before I got home." Joseph Sadler, the coachman, 
swore that the ducks were white which the prisoner 
boasted he had done the baker out of. After the 
examination of several other witnesses; the fact, as 
laid down in the indictment, having been clearly 
proved, the Recorder summed up the evidence, 
and the jury, after half an hour's consideration, 
returned a verdict of — guilty . The prisoner (who 
was aged 41) was sentenced to be transported for 
seven years* 

SIMMONS, THOMAS, (murderer,) who 
might well be styled a man of blood, having been 
a shocking example of hardened depravity, malig- 
nant ferocity, and desperate vindictiveness He 
was about 19 years of age, of a clownish appear- 
ance. His father was a shoemaker by trade, but 
followed the plough some years before his death. 
His mother is also said to be dead. This malefac- 
tor was taken at an early age into Mr Borcham's 
family, where he lived some years, till by his 
brutish behaviour in several instances, they were 
under the necessity of discharging him ; after 
which, he worked at Messrs. Christie and Co. 
brewers. Mr, Boreham, a very old gentleman, af- 
flicted by the palsy, has been many years a resi- 
dent at Hoddesdon : his house is on the declivity 
of the hiii, beyond that town, about 200 yards 
from the market-house. He had four daughters, 

one 




OriVjMvM- 



SIMMONS-. 30$ 

•wr of whom was the wife of Mr. Warner, brass- 
founder, of the Crescent, Kingsland-road, and also 
#f the Crescent, Jewin street. Mrs. Warner had 
been on a visit to her parents for several days 5 and 
en Tuesday evening, October 20, 1807, a Mrs. 
Burnnierstone, who superintended, as housekeeper, 
the business' of the Black Lion Inn, at Hoddesdon,. 
for Mr. Batty, the proprietor, was at Mr. Bore- 
Ibam's house, in consequence of an invitation to 
spend the evening with the family. The company 
assembled in the parlour, were Mr. Boreham, his 
wife, his four daughters, Anne, Elizabeth, Sarah* 
a?nd Mrs. Warner. About a quarter past nine^ 
this party were alarmed by a very loud voice at the 
back of the house. It proceeded from some per- 
son in dispute with the servant woman, Elizabeth 
Harris, and who was insisting to get into the house* 
lie proved to be Thomas Simmons $ who, it seems* 
liad, while in the family, paid his addresses to the 
servant, Elizabeth Harris, who was many years 
elder tfean himself $. but the symptoms of a fero- 
cious and ungovernable temper, which he had fre- 
quently displayed, had induced his mistress to dis- 
suade the woman from any connexion with him j 
and his violent disposition had led also to his dis- 
missal from this family, as before stated. He had 
fceen heard to vow vengeance against Elizabeth 
Harris, and the eldest Miss Boreham ; and on 
Tuesday night, at the hour already mentioned, he 
snade his way to the farm-yard, and from thence 
into an interior court, called the stone yard. Eli- 
zabeth Harris, on seeing his approach, retired with- 
in a scullery, and shut the door against him. He 
demanded admittance, which she refused : high 
woids accordingly arose; and he plunged his 
Band, armed with a knife, through a window lat- 
tice 



310 SIMMONS. 

tice at her, but missed his aiaa. This noise 
alarmed the company in the parlour, or keeping 
room, as it is called. Mrs. Hummerstone was the 
first to come forth, in hope of being able to intimi- 
date and send away the disturber ; but just as she 
reached the back door, leading from the parlour 
to the stone yard, Simmons, who was proceeding to 
enter the house that way, met her, and with his 
knife stabbed her in the jugular artery, and pulling 
the knife forward, laid open her throat on the left 
side. She ran forward, as is supposed, for the pur- 
pose of alarming the neighbourhood, but fell, and 
rose no more. The murderer pursued his san- 
guinary purpose, and rushing into the parlour* 
raised and brandished his bloody knife, swearing a 
dreadful oath, that * he would give it them all.* 
Mrs. Warner was the person next him ; and, with* 
out giving her time to rise from her chair, he gave 
her so many stabs in the jugular vein, and about her 
neck and breast, that she fell from her chair covered 
with streams of blood, and expired. Fortunately 
Miss Ann Boreham had been upstairs, immediately 
previous to the commencement of this horrid -busi- 
ness 5 and her sisters Elizabeth and Sarah, terrified 
at the horrors they saw, ran up stairs too for safety* 
The villain next attacked the aged Mrs. Boreham, 
by a similar aim at her jugular artery, but missed 
the point, and wounded her deep in the neck, 
though not mortally. The poor old gentleman 
was making his way towards the kitchen, where 
the servant maid was, and the miscreant, in en- 
deavouring to reach the same place, overt-et him, 
and then endeavouied to stab the servant in the 
throat; she struggled with him, caught at the 
kuife, and was wounded severely in the hand and 
aim. The knife tdl in the struggle. She, how- 
ever, 



SIMMONS. 311 

ever, got out the backdoor, and made her way in- 
to the street, where, by her screams of murder, she 
alarmed the neighbourhood. The poor people re- 
siding near the house, were all in their bedsj but 
the whole town was soon in alarm. The murderer 
sought to conceal himself, and, after some search, 
was discovered in a cow- crib : he was immediately 
made prisoner, and brought to the Bell ale-house, 
where he was bound and handcuffed until morning , 
and was actually on the point of death from the 
tightness of his ligatures, which had nearly stopped 
the circulation, when Mr. Fairfax, of the Black 
Bull Inn, in the town, interfered, cut the ligatures, 
and thereby prevented a death too summary for 
the cause of public justice. Two professional 
gentlemen in the town, Mr, James and Mr. Wor- 
thington, almost instantly attended Mr. Boreham's 
family, but could render no manner of aid. to Mrs. 
Warner or Mrs. Hummerstone, who were already 
dead. They dressed, however, Mrs. Boreham's 
wound ; and the old gentleman was found prostrate 
where he fell, with a poker by his side, which his 
full strength would not allow him to use. An in- 
quest was held at the Black Bull Inn, on Wednes- 
day following, which continued from eleven in the 
morning until eigh$ in the evening; and wilful 
murder having been brought in against Thomas 
Simmons, he was committed to Hertford gaol, to 
abide his trial, which was expected to have com* 
menced March 3, but owing to the late hour Mr. 
Justice Heath arrived at Hoddesdon, it did not take 
place before Friday, March 4. At a very early 
feour the Court House (which is rather small for the 
purpose) was uncommonly crowded with vast num- 
bers from London and the adjacent villages. As, 
Mr. Boreham's family (who are all Quakers) re- 
fused 



3V$ SIMMONS.. 

fused to prosecute in behalf of Mrs. Warner ; . tfofc 
prisoner was only tried on one indictment; vk.fot 
the murder of Mrs. Hummerstone, at the instance 
of Mr. W. White, and Mr. B. Fairfax, of theBut 
Inn, Hoddesdon, and Mr. J. Brown, churchwar- 
den of that place. Mr. Pooley, as counsel for tfc 
prosecution, addressed the jury, with great pro- 
priety, on the notoriety of the cause before them* 
which had been so much the subject of astonish- 
ment and conversation, that he must consider thena 
as already acquainted with most of the clpcuns- 
stances which would be laid before them for their 
consideration. But, to give the prisoner every fair 
chance for his deliverance, consistent with- the .pub- 
lic justice of their country, which country they 
were then representing, he intreated them to .dis- 
miss from their minds all information or knowledge 
of whatever description, which might in any respect 
affect the prisoner, and restrain themselves entiie'lf . 
within the line of that evidence, which, painful as 
the duty was, it was then his instruction to lay -be- 
fore them. In stating the case, to direct the jury 
to the nature of the charge, and the evidence he 
should have to produce in support of it, he pre- 
sented them with a summary of facts, which had 
occurred prior to the Commission of the fatal -act* 
for which the prisoner was now to answer to them* 
He mentioned the circumstance of his having twedi 
a fellow-servant at Mr. Boreham's, at Hoddesdoia* 
with Elizabeth Harris, to whom he had paid hi* 
addresses, and wished to marry her; with othec 
particulars which would appear in evidence, and 
would appear to be necessary to connect the facts,, 
and to ascertain the motives upon which the mur- 
der had been perpetrated. He then adverted to 
the various particulars of the murder, to determine 



SIMMONS. 313 

with what mind and disposition It had been ef- 
fected, which was a matter of the greatest im- 
portance for their consideiation ; the nature of his 
concealment after the horrid ch^d had been com- 
mitted, and the manner of his being found ; with 
such ether circumstances as it was his duty to de- 
scribe to them, to enable them to decide consci- 
entiously as honest men, and as they could answer 
to God upon their oaths : all which he was satisfied 
they would faithfully attend to, in discharging the 
trust which their country had now reposed in them. 
To ascertain, in the first place, the cause of the 
premature death of Mrs. Hummerstone, it was. 
necessary to call Mr. Samuel James, who was sent 
for in his professional capacity as a surgeon, and 
residing in Hoddesdon, to her assistance, not being 
then entirely dead. This was on the aoth of Oc- 
tober, 1807. He found her leaning against the 
paling near the door, and that she had received a 
severe wound in the neck. She died in about three 
minutes after 5 and there cannot be a doubt that 
the wound, by whatsoever means it had been given, 
was the cause of her death, Elizabeth Harris be- 
ing next sworn, and asked in whose service she was 
at the time of this unfortunate accident, answered, 
that she then lived with Mr. Boreham's family, 
and for four years preceding j that the prisoner 
had lived there three years, but quitted his service 
at Michaelmas. On being asked if the prisoner 
had not expressed some strong inclination to marry 
her, she answered that he had, but that her mis- 
tress disapproved of it ', and that he had quarrelled 
with the witness on that account before he left the 
service, and was so enraged as to beat her; and, 
not contented with this, declared, that he did not 
care if he had killed her; farther adding, that he 
" a E had 



314 SIMMONS. 

had often said he would make away with her, be* 
cause she would not many him. She then added, 
that the murder was effected about half past eight 
in the evening 5 that she first heard him coming 
along the yard towards the house, at which time 
she was in the kitchen 5 that she heard him swear- 
ing violently, and she requested him not to make a 
noise or disturbance, as there was company in the 
house : but he said, he did not care for the com- 
pany, as he would do for them all. The witness 
then ran inro the wash-house, and shut the door, 
when he strack at her through the lattice. At this 
time, the noise being very considerable, Mrs. Hum- 
merstone opened the door and came into the yard, 
telling him to go away 5 when he struck her on the 
head, and knocked off her bonet ; on which she ran 
back into the house, and he followed her immedi- 
ately. The witness heard the shrieks of murder, 
though she could not tell from whence it came, as 
all the family were in the room, consisting of Mrs. 
Boreham's three daughters, with Mrs. Warner, a 
married daughter, their father and mother, and 
Mrs. Hummerstone. The witness then added, that 
the prisoner very soon came towards the wash- 
house, when she again shut the door, and cried out, 
" Murder !" and immediately ran into the sitting- 
room. She saw some person lying under the win- 
dow, but, from her fright, could not say who it 
was; she ran away down the passage, followed by 
the prisoner, where she met her master, a very fee- 
ble old man, with a poker in his hand, who was 
knocked down in running hastily. Being seized 
by the prisoner, the witness was thrown down, when 
he drew a knife across her throat, by which her 
hand, in guarding it, was much cut j and, in his 
second attempt- she wrested it from him, on which 

he 



SIMMONS, 315 

he ran away immediately, and she saw no more of 
him. Fn his attempts to murder the witness, he 
threw her across Mrs. Warner, who was then, as 
she believed, lying dead. Whilst this witness was 
giving her evidence, her agitation was so great, 
that Uie was obliged to be supported during the 
whole time she was in court. Sarah Cakebury was 
next sworn, who deposed, that she lived near Mr. 
Boreham's at the time of this misfortune, on the 
20th of October, and was alarmed on that evening 
with the cry of murder ; on which she went into 
the house, when she passed Mrs. Hummerstone, 
and saw Mrs. Warner lying dead under the window. 
George Britton was afterwards sworn, who stated, 
that on the fatal evening of the 20th of October, 
in consequence of hearing of this melancholy event, 
he went to Mr. Borehanrfs house at Hoddesdon , 
and, after he had been informed more particularly 
respecting it, proceeded without delay in search of 
the murderer. On finding the hat of Tom Sim- 
mons, the prisoner at the bar, in the cow-house, he 
went in further search of him, but did not find 
him. Thomas Copperthwaite, on being sworn, 
deposed, that he also went in search of the mur- 
derer, and discovered Simmons, the prisoner, con- 
cealed under some straw in a crib in the farm- 
yard ; and on being interrogated as to his dress, 
he stated, that he had on him a smock-frock, 
which was very bloody, and that the place where 
he was found, was about an hundred yards from 
the house. The coroner, Benjamin Rook, Esq. 
being next called, and sworn, he deposed that when 
the testimony of Elizabeth Harris, at the time of 
his inquest, was read to the prisoner at the bar, he 
said it was very true 5 that he had murdered them, 
and no one else j that it was not his intention to 
z E 2 have 



$16 SIMMONS— SMITH. 

have murdered Mrs. Hummerstone, but that he 
went to the house with a full design to murder 
Mrs. Boreham, Mrs. Warner, and Elizabeth Har- 
ris the servant. The constable, under whose cus- 
tody the prisoner was conveyed to Hertford gaol, 
on being sworn, deposed to the same effect ; with 
this additional circumstance, acknowledged to him 
by Simmons, that atter he had thrown the servant 
down, he heard something fluttering over his 
shoulders, which made him get up and run away. 
Thus closed the evidence on the part of the prose- 
cution 5 after which, the prisoner, as usual, was 
called upon to know if he had any thing to say in 
his defence, when he very carelessly, and with 
much apparent indifference, answered, * No.' The 
evidence having been summed up by Mr. Justice 
Heath, before whom he was tried, on a case so very 
clear, he said, that observations were rendered un- 
necessary; because, if any doubt could possibly 
have existed of the prisoner's guilt, he had more 
than once voluntarily acknowledged it. The jury 
almost instantly gave the verdict of—Guilty ; and 
the learned judge proceeded, without delay, to 
pronounce the dreadful sentence of the law in the 
accustomed manner; to be hanged on the follow- 
ing Monday, and his body to be afterwards com- 
mitted to the surgeons to be anatomised. The 
sentence seemed to affect him very little ; he 
walked from the bar with great coolness and in- 
difference ; and suffered the punishment denounced 
for his crime accordingly, on the 7th day of March, 
1808. 

SMITH, ROBERT, alias Gordon, Alex; 
(robber,) was a Scotchman, and one of those ad- 
venturers, who, ingenious in wickedness, devise 
new plans of depredation, and make the indus- 
trious, 



SMITH. 317 

\ ) 

trious, whose hard earnings they enjoy, the chief 
objects of their prey. The mode of robbery 
which this man adopted, was that of employing 
a hackney coach to drive him to some outlet, and 
then robbing the coachman in the first lonesome 
place he came to, in which for some time he was 
too successful. This trade he commenced early in 
the month of March, 1803, when, being genteely 
dressed, at night about ten o'clock he hired a 
hackney-coach at Charing cross, and ordered the 
coachman to drive to St. John's Farm, near the 
one-mile stone, on the Edgware road. When the 
coach got to the top of the lane leading' to St. 
John's Farm, Smith pulled the string, and told the 
-coachman to let him out, for he had passed the 
house he wanted to go to ; upon which the coach- 
man got off his box, and let him out of the coach. 
Smith then asking the coachman what his fare 
was ? he told him five shillings and sixpence 5 
when' he put his hand into a side-pocket, 
pulled out a pistol, and swore he would immedi- 
ately shoot him, if he did not deliver his money, 
which the c©achman complied with. Smith then 
demanded his watch, which the coachman likewise 
delivered, and with which he made his escape 
across some fields. Monday night (March 6) 
about eleven o'clock, he also hired another coach 
and ordered the, coachman to drive to St. George's- 
row, on the Uxbridge-road. On the coach arriv- 
ing at that place, the man got out, and with horrid 
threats demanded the coachman's money ; at the 
same time presenting a very long pistol to his 
breast, and slightly wounding him in the side 
with a tuck-stick. The coachman delivered his 
money, amountingjto two ys. pieces, and 8.?, 6d. in 
silver. The robber, on parting, told the coachman 

1 e % lr 



3 IS smith. 

if he attempted to pursue him he would shoot htm* 
But his career did not last long, for on Sunday 
night, March 20, about ten o'clock, as Thomas 
Jones, and others of the patrole, were on duty in the 
King's Road, they met Smith, whom they ques- 
tioned as to his business, &c. and he not giving a 
satisfactory account, one of the patrole put his 
hand on his breast, and discovered a pistol. Mon- 
day morning he was brought to BoW-street, and 
underwent an examination ; when the hackney- 
coachman who was robbed near St. John's Wood 
Farm attended, and a pawnbroker producing a 
watch, agreeably to one of the duplicates, he posi- 
tively, identified the watch, and also the person to 
be the robber. T. Jones, another hackney- coach- 
man (who was robbed in Maiden- lane) attended, 
and likewise identified a watch produced by a 
pawnbroker, and the person of the prisoner. The 
prisoner refused to give any name, or to give any 
account of himself. He gave the names of Gordon 
and Smith when he pledged the watches. On his 
re-examination, in addition to the charges before 
exhibited against him, Francis Treadwell, another 
driver of a 6ackney- coach, stated how he had rob- 
bed and wounded him. Also John Chilton, a por- 
ter at Mr. Spode's Staffordshire warehouse, swore, 
that on the evening of the 14th instant, about eight 
o'clock, the prisoner stopped and robbed him of 
3^. 6d, near Bayswater, and slightly wounded him 
on the breast with a tuck- stick. The driver of 
another hackney coach identified the prisoner, as 
having robbed him a short time since near Wands- 
worth, Surry. His trial came on at the Old 
Bailey, Saturday April 23, 1803, before Mr* Ba- 
ron Thompson. Francis Treadwell said, that on 
the night of the 6th of March lost, he was hired at 

Charing 



»' ' SMITH. $|i 

Charing-cross by the prisoner, who ordered him to 
drive to Bayswater, where he robbed him of 22J. 
dd. presenting a pistol and a tuck stick, and 
slightly wounding him in the side with the latter. 
Treadwellhad known the prisoner upwards of four 
years, (but was not, he believed, recollected by 
him), first when lie was an artillery-man, and after- 
wards as his fellow-prisoner in the King's Bench. 
The prisoner pleaded guilty, and the jury pro- 
nounced a verdict according with his own con- 
fession, and the evidence before them He 
pleaded, however, for mercy, on the ground of its 
being a first offence; but Mr. Justice Heath 
observed, that his piea could not be listened to, 
for that there were five other indictments against 
him for similar offences, and a >ixth for firing a 
pistol at a person with intent to 10b. This last 
offence, however, the prisoner denied. He was 
executed at the front of the debtor's door, in the 
Old Bailey, June 8, together with Abraham Ni- 
cholas, a person who had been employed in the 
General Post Office, and was convicted (April 22, 
1803) of having secreted, on the 22d of the pre- 
ceding Jaunuary, a letter, containing a 10/, note, 
two 2/. notes, and 5s. in silver, the property of 
Joseph Goldsmith : and Peter Gregory, who was 
convicted (April 25) of having about that day 
twelvemonth uttered a iL bank note, knowing it 
to be forged. Nicholas was recommended to 
mercy by the jury, on account of his former good 
conduct 5 but the magnitude of his offence render- 
ed the recommendation unavailing. Gregory had 
been tried upon another indictment of a similar 
nature, but acquitted from a deficiency in the 
chain of evidence. These three malefactors con- 
ducted themselves in a manner becoming their 

awful 



320 SMITH. 

awful situation. Few persons attended the execu- 
tion. 

■ SMITH, FRANCIS, (murderer), whose 
singular case affords a striking example of precipi- 
tate resentment, and consequent remorse, though 
entirely destitute of that inhumanity and cruelty, 
which generally mark the murderers'- character $ 
in short, the crime of which Smith was convicted, 
was attended with such circumstances as deserved 
{and obtained) mercy, though the laws of this 
country, which were most presumptuously infringed, 
demanded justice. Be it then a warning to indi- 
viduals, to beware of rash resolutions, and not ar- 
rogantly assume the prerogative of punishing which 
belongs to the legislature alone. The chief cause of 
this murder,for which Smith was responsible, was an 
unknown person, whose diversion itwas at nights to 
alarm the weak and credulous inhabitants of Ham- 
mersmith, about the beginning of January, 1804, 
by assuming the figure of a spectre. The author 
of this wanton outrage on the public peace, should 
teach the merry-disposed to beware oifrolics % which 
may be productive of serious consequences. This 
sham ghost has certainly much to answer for j one 
poor woman who was far advanced in her pregnancy 
of a second child, was so much shocked, that she 
took to her bed, and survived only two days. She 
bad been crossing near the church-yard about ten 
o'clock at night, when she beheld something, as 
she described, rise from the tomb-stones. The 
figure was very tali, and very white ! She at- 
tempted to run, but the supposed ghost, 
soon overtook her, and pressing her in his arms 
she fainted 5 in which situation she remained some 
hours, till discovered by the neighbours, who 
^indly led her home, when she took to her bed, 

from 



SMITH. Z21 

from which, alas! she never rose. A waggoner 
belonging to Mr. Russel, was also so alarmed while 
driving a team of eight horses, which had sixteen 
passengers at the time, that he took to his heels, 
and left the waggon, horses, and passengers in the 
greatest danger. , ; Neither man, woman, or child, 
could pass that way for some time past \ and the 
report was, that it was the apparition of a man. 
who cut his throat in that neighbourhood above a 
year ago. Several lay in wait different nights for the 
ghost 5 but there was so many bye-lanes and paths 
leading to Hammersmith, that he was always sure 
of being in that which was unguarded, and every 
night played off his tricks to the terror of the pas- 
sengers I Francis Smith, doubtless incensed at the 
unknown person who was in the habit of assuming 
this supernatural character, and thus frightening 
the superstitious inhabitants of the village, rashly 
determined on watching for, and shooting the 
ghost ; when unfortunately he shot a poor innocent 
man, Thomas Millwood, a bricklayer, who was in 
a white dress, the usual habiliment of his occupa- 
tion. This rash act having been judged wilful 
murder by the coroner's inquest, Smith was ac- 
cordingly committed to goal, and took hi^ trial at 
the ensuing sessions at the Old-Baiiey, January 
13, 1804. He was a short but a well made man, 
with dark hair and eye- brows, aged 29, when 
tried for this offence, and dressed in a suit of black 
clothes. The first witness was John Locke, wine- 
merchant, living in Hammersmith, who stated, that 
on Jan. 3, about half past ten o'clock in the evening, 
he met the prisoner, who told him he had shot a 
man, whom he believed to be the pretended ghost 
of Hammersmith. A rumour of a ghost walking 
about at night had prevailed for a considerable 

time. 



322 SMITH. 

time. He went with the "prisoner, in company 
with Mr. Stowe, and a watchman, up Limekiln- 
lane, to Black-lion-lane, where the deceased was 
lying apparently dead. The witness and Stowe 
consulted together upon what was proper to be 
done, and they directly sent for the high-constable. 
The body had no appearance of life \ there was a 
shot in the left jaw. The prisoner was much agi- 
tated. The witness told him the eonsequences 
likely to be the result of his condnct. The priso- 
ner replied, that he fired, and did not know the 
person whom he had shot : he also said, that be- 
fore he fired, he spoke twice to the deceased, but 
received no answer. On cross examination, this 
witness said, that for five weeks previous to this 
melancholy catastrophe, the ghost had been the 
subject of general conversation in Hammersmith. 
He had never seen it. The dress in which the 
ghost was reported to appear, corresponded with 
that worn by the deceased, being white. The 
deceased had on white trowsers, down to his shoes ; 
a white apron round him, and a Hannel jacket on 
bis body. The ghost sometimes appeared in white, 
and frequently In a caffs skin. The prisoner was 
so agitated when the witness met him, that he 
could hardly speak. The "deceased, after the pri- 
soner called out, continued to advance towards 
him, which augmented his fear so much that he 
fired. Tho witness described the evening as very 
dark : Black-lion-lane was very dark at aft times, 
being between hedges: and on that evening 
it was so very obscure, that a person on one side 
of the road could not distinguish an object on the 
other. The prisoner, when he first mentioned the 
accident, expressed to the witness his wish that he 
would take him into custody, or send for some per- 

5013 



SMITH. ' 323 

son to do so. The prisoner was a man mild and 
humane, and of a generous temper. William 
Girdler, the watchman, in Hammersmith, after 
stating that he went to the spot with Mr. Locke, 
described the posture in which the deceased Was 
found. He was lying on his back, stretched out 
and quite dead. His left jaw was broken by a 
shot. The prisoner came to the witness, and »aid 
he had hurt a man, and he was afraid very badly, 
Previous to this the prisoner told him he was going 
to look after the ghost. The witness replied that 
he would join him, after crying the hour, and that 
they would search the lanes together. They agreed 
on a watch word : " Who comes there? — A friend 
—-Advance friend."" The witness went his rounds, 
and just before lie got. to Biack-iion-iane, he heard 
the report of a gun. He took no notice of that 
circumstance, as he frequently heard firing in the 
night. He did not see a gun lying by the deceased. 
The prisoner offered to deliver himself up. On his 
cross-examination, the witness said, that he him- 
self, was armed with a pistol, as other watchmen 
are. He had seen the supposed ghost himself on 
the Thursday before, being the 29th of December. 
It was covered with a sheet or large table cloth. 
He encountered it opposite' the four milestone, 
and pursued it, but without success, as the spirit 
pulled off the sheet and ran. The alarm had been. 
very great for six weeks or two months, and many 
people had been terribly frightened. He knew the 
prisoner, and he was nothing like a cruel man, 
Anne Millwood, sister to the deceased, was next 
called. The lord chief baron lamented that any 
questions relative to tin's melancholy affair should 
be put to her, but for the ends of justice they were 
rendered indispensably necessary, §he stated* that 

sh$ 



324 SMITH. 

she lived with her father and mother 5 between tea 
and eleven of the evening of the 3d of January, 
her brother called ; he had been to inquire for his 
wife, who was at Mr. Smith's, the outrider. The 
witness and her mother were going to bed, and 
her mother asked the deceased, whether his wife 
had come home ? He replied, that she had not. 
She then desired him to sit down, and wait for her 
half an hour. He sat till the witness heard the 
watch go eleven. She then desired him to g© 
home j and he got up and went away, wishing tb.Q 
witness a good night. He shut the door behind 
hi m, and the witness directly went and opened it, 
stepped out, and stood on some bricks, looking 
after him. At that instant she heard a voice ex- 
claim — M Damn you, who are you, and what are 
you } I w ill shoot you if you don't speak." This 
address was directly followed by the discharge of 
a gun. The witness, exctedingly alarmed for her 
brother's safety, called out Thomas, three or four 
times. The witness then went into the house, but 
she conld not persuade either father, mother, or 
a gentl man who lodged with them, that any ac- 
cident had befallen her brother. She went out 
alone, and fou& S him quite dead. She ran for as- 
sistance to a neighbour's house, and in returning 
from it, she saw the prisoner, Mr, Locke, Mr. 
Stowe, and the watchman. Her brother was in his 
usual working-dress, as described by the first wit- 
ness in his cross examination. The witness added, 
that she had heard a great talk of a gh^st stalking 
"up and down the neighbourhood, all m white, 
with horns and glass-eyes, but she did not know 
that any body had ever watched in order to detect 
the impostor. Mr. Flower, a surgeon at Hammer, 
smith, saw the body the day following the accL 
4 dent 



SMITH. , 325 

dent : on the 6th instmt, *he examined it by order 
of Mr, Hodgson, -the coroner. He found that the 
deceased had received a gun-shot wound on the 
left iower jaw, with small shot, as he thought, 
No. 4, which penetrated to the vertebrae of the 
neck, and injured the spinal marrow, which is a 
continuation of the brain. The face of the deceas- 
ed was black, and that blackness was occasioned by 
the discharge of powder from a gun. The wound 
in the jaw was doubtless the cause v of Millwood's 
death. He knew Suiith : he was not a vindictive, 
but, on the contrary, a very mild man. Aeon. 
stable then stated, that the prisoner had surrender- 
ed*-^ him, and he had been two days in his cus- 
tody. The prisoner haying been called upon for 
his defence^ said he would leave it to his counsel; • 
but, on being told that they could not speak on 
his behalf, being only allowed to examine his wit- 
nesses, he.-- stated, that he went out with no bad 
design or intention j and that when the unfortu- 
nate accident happened, he knew not what he did. 
He solemnly declared his innocence, and that he 
had no intention or idea, of taking away the life of 
any one. The prisoner's counse 1 hen called Mrs. 
. Fulibrook, mother-in-law to the deceased : she 
said, that on the Saturday evening before his 
death, he toid her that two ladies and a gentleman 
bad taken fright at him, as he was coming down- 
time Terrace, thinking he was the ghost. He said 
to them, he was no more a ghost than any of them, 
and asked the -gentleman if he wished for a punch 
in the head. The witness advised the deceased in 
future fo put on a great coat, in order that he 
might not encounter any danger, Thomas Groom 
was called, as it would appear to prove that some 
supernatural being actually visited the town of 
vol iv* aF Hammersmith 



3*2G SMITH. 

Hammersmith. He said he was servant to Mr. 
Burgess, a brewer, and that as he and a fellow 7 
servant were going- through the church yard one 
night, something, which he did not 5ee, caught 
him by the throat. A number of witnesses were 
then called to the prisoner's character, which they' 
described as mild and gentle in the extreme. One 
of these witnesses said, he had known the prisoner 
for Fifteen years, and, during that period, his life 
had been marked by singular acts of humanity 
and benevolence. The Lord Chief Baron then 
proceeded to address the jury. His lordship observ- 
ed, that nothing which had been stated, or appeared 
in this case, could possibly change the nature of 
the offence from murder. Although malice was 
necessary to make out the crime or murder, yet k 
was not necessary according to law, to prove that 
the prisoner had known the deceased, or had che- 
rished any malice, or, as was vulgarly called spite, 
against him.— If a man should fire into the hall, 
where he was now sitting, and kill any body at 
random, such a deed was murder. On the same 
principle, if a person was killed by design", without 
any authority, but from a supposition that the 
person ought to be killed, such an act was als-o 
murder, unless the killing was accidental. If a 
man went out armed on the highway, intending 
to shoot robbers, and should decide in his own 
mind, that an individual whom he might see was a 
robber, and should kill the man, who actually 
was not a robber, such an act would be held as 
murder. However disgusted the jury might feel 
in their own minds^wifh the abominable person 
guiltvof the misdemeanour of terrifying the neigh- 
bourhood, still the prisoner had no right to con- 
strue such a misdemeanour into a cap ital offence, 
s or 



SMITH. , ^27 

or to conclude that a man dressed in white was a 
ghost. It was his own opinion, and was confirmed 
by those of his learned brethren on the bench, that 
if the facts stated in evidence were credible, the 
prisoner had committed murder. In this case there 
was a deliberate carrying out a loaded gun, which 
the prisoner concluded he was entitled to fire, 
which he was not ; and he did fire it with a rashness 
which the law does not excuse. In all the circuiti* 
stances of the case, no man is allowed to kill another 
rashly. His lordship here recapitulated the evi- 
dence, snd commented on the defence made by the 
prisoner, which he remarked was singular. The 
prisoner had gone out persuaded (indeed the wea- 
pon he carried, demonstrated the fact) that he was 
to irreet a man, and yet when he did encounter 
him, he was so terrified as to be unconscious of 
what he did. The prisoner had received an ex- 
cellent character j and here his lordship explained 
the reason why no witness but one could speak to 
his character farther than two years. The piisor 
ner was an excise-officer, and, as such, liable to be 
removed and shifted from one station to another, 
so that it was a great chance if he remained long 
in one place. His lordship was afraid that his good 
character could not avail in point of law in that place, 
whatever effect it might have in another quarter, 
which did not become him by any means to conjec- 
ture. The jury then retired for upwards of an hour, 
and returned with a verdict — Guilty of Manslaughter. 
On hearing this verdict, it was stated by the 
bench, that such a judgment could not be received 
in this case j for it ought either to be a verdict of 
murder, or of acquittal. If the jury believed th$ 
facts, there was no extenuation that could be ad- 
mitted j for supposing that the unfortunate man 
2 f z was 



328 SMITH. 

was the individual really meant to have been shot, ' 
the prisoner would have been guilty of murder* 
Even with' respect to civil processess ; if an officer 
of justice uses a deadly weapon, it is murder if he 
occasions death by it s even although he had a 
right to apprehend. Mr Justice Rooke.-— - (S The 
court have no hesitation whatever with regard to 
the law, and therefore, the verdict must be — guilty 
of murder, or a total acquittal from want of evidence. 
Mr. justice Lawrence— — <s You have heard the 
opinion of the whole court is settled as to the law 
on this. poir.t s it is therefore unnecessary foe me to 
state mine in particular. I perfectly agree with 
the learned judge who stated the law in so clear 
and able a manner. If an officer kills a person 
whom he has a right to apprehend upon suspicion 
of felony, he is guilty of murder, except in par- 
ticular cases. Now this man was rot even attemp- 
ting to run away, supposing it had been the very 
person who was guilty of the misdemeanour -j there 
was, therefore, no excuse for killing him* But 
though it had been the person who was alarming 
the neighbourhood, the prisoner had no right to 
kill him, even if he should attempt to escape, for 
the crime is only a misdemeanour. Upon every 
point of view, this case is in the eye of the law, 
a murder, if it be proved by the facts. Whether 
it has or not, is for you to determine, and return 
your verdict accordingly. The law has been thus 
stated by justice Foster, and ai! the most eminent 
judges."" Record r.—" I perfectly agree with 
the learned judges who have spoken. Gentlemen, 
consider your verdict again." The jury then 
turned round, and after a short consultation, re- 
turned their verdict — " Guilty " The Recorder 
then passed sentence of death on the prisoner in the 

usual 



S M J T M . 



326 



usual Form 5 which was, that he should be execut- 
ed on Monday next, and his body given to the 
surgeons to be dissected. The pallid hue of 
the prisoner's countenance during the whole 
trial, together with the signs of contrition which 
he exhibited, commanded the sympathy of every 
spectator. Mr. Dignum, of Drury-jane Theatre, 
sat near him, and was extremely affected : he wept, 
he clasped his hands together, and suffered the 
greatest agitation. Several of tht prisoner's re- 
lations were also present, and apparently in great 
distress. The Sessions house was crowded in every 
jjart by nine o'clock; and the. yard was rilled 
with an anxious multitude, all making enquiry, 
and interested in the fate of the prisoner 5 who, af- 
fected/ by shame and re .noise, was now and then 
so seriously agitated, that he could with difficulty 
support himself When called upon for hisdefence, 
his voice faltered, and his tongue so completely 
refused its office, that it was not without a con- 
siderable effort he could articulate a word. On 
the retiring of the jury to reflect on his case, and 
the return of their verdict, he betrayed such ap- 
prehensions of real danger, as to deprive him of 
the power of sustaining himself without the friend- 
ly aid of a bye-stander. He then became so faint? 
as to be obliged to request leave to go out into the 
sir, which, with the accustomed humanity of a 
British court of justice, was granted. On his re- 
turn he sat down, and seemed for a long time so 
perfectly benumbed and totally deprived of his 
senses, that it was thought it would be necessarr 
to have carried him out of the court. When the 
jury returned, he made a sort of desperate effort— 
stood up, and endeavoured to attend to the ver- 
dict given. When the dreadful word-—" guilty!" 
2 F 3 wat 



530 SMITH — STILW&LL. 

was pronounced, he seemingly sunk into a state 
of stupefaction exceeding despair. He at last 
retired, supported by the servants of Mr. Kirty. 
The lord chief baron,having told the jury, after 
they had given their verdict, that he would im- 
mediately report the case to his majesty, was so 
speedy in J. his humane office, that a respite during 
pleasure arrived at the Old Bailey before seven 
o'clock, and on the 25th he received a pardon, 
on condition of being imprisoned one year, 

SNOOK, J AMES.. See Beat-son, J. 

SPALDING, M. See Hupie, Anne. . 

STAINES JOHN. See Honeyman, Wil- 
liam. 

STILWELL, STEPHEN (murderer) ur*i 
on Thursday, March 24., 1803, tr i e d before Mr 
justice Heath, at the Surrey assizes, held at King- 
ston, for the horrid murder of his wife, Sept. 28, 
1802. The circumstances attending this barba- 
rous act, evinced a most abandoned and x:ruel dis- 
position. The prisoner had for some time lived as a 
gardener in the family of a gentleman at Mortlake; 
and the woman, whom he liad muidered, also 
lived as a servant in that family. He, therefore, 
bad every opportunity of being acquainted with 
her temper and manners, previous to his taking 
her for his wife. They were mairied from that 
place, and took a public house at Mortlake. 
During their quarrels, he frequently declared 
he would murder her. On the 27th of Sep- 
tember, in the evening, they were seen toge- 
ther^ by two lodgers in the house, sitting in 
the bar, and apparently in amity: but the next 
morning he perpetrated the horrid crime. The 
first witness examined, was John Ward, who de- 
posed that he was a baker, and lived near Stil- 
* ..... well's 



STILWELL. 331 

well's house. On the 28th of September, 1802, 
about five o'clock, he, (the witness) >got up, to 
work 5 he was disturbed with a noise, and went 
to the gate. He heard a noise in StikveSi's room, 
who exclaimed, * come, get up, your time is ex- 
pired.'' Witness stood a little time, and heard a 
scream. Mrs Stilwell said, ( my dear Stilwell, 
don't murder me.' When witness heard that, he 
went to an opposite window, where he knew a 
soldier lay, and called him up. In about ten 
minutes, he saw the prisoner come out at the front 
door ; but before he saw him, heard a stamping 
on the floor of the prisoner's room. Soon after he 
saw the prisoner run out of the front door. He 
ran away, and witness followed . him. Knight, 
(a man witness had called on passing by) first laid 
hold of him. His hands and clothes were sprinkled 
with blood. They bound him with a cord, 
and; witness left him in custody of Benjamin 
Knight. On cioss examination, the witness said, 
that when he heard the stamping, he also heard 
the prisoner exclaiming, •' that he had gained his 
liberty j' and when he came out, he said, * D — n 
that house, set it on fire,' (meaning his own 
house). Benjamin Knight, the man whom Ward 
had called to his assistance, said, that he was going 
by the house, and listened at the window. He 
heard two v or three groans, and the prisoner saying, 
that * he had gained his liberty.' He then went 
into the yard ; and, as there was a table under 
the window, he got upon it, in order to look in at 
the window ; and then he heird a per^n quit the 
room, and run downstairs. He immediately went 
round, and saw Stilwell come out of the front 
door j his clothes were all bloody. He and 
another, man went up stairs, and saw the deceased 



332. STILWELL, 

on the ground. The floor was over his shoes in 
blood, near the deceased's head. He immediately 
ran down, and pursued the prisoner. He then 
saw Ward and they overtook him. The prisoner 
struck this witness several times ; when they found 
him, he appeared collected. He asked witness to 
slack the cords, and not to hurt him. Charles Bar- 
wood, a carpenter, who lodged at the prisoner's 
house, corroborated the accounts given by the pre- 
ceding witnesses. He said that when he went up 
stairs with Benjamin Knight, the deceased was 
lying on the floor, with her head beat all to pieces. 
A pistol was lying' near. He saw the prisoner and 
his wife about eight or nine the preceding evening 
in the bar together, and they seemed very comfort- 
able. John Davis, a surgeon at Mortlake, stated, 
that he was sent for in consequence of the murder 
of the deceased. He examined the body, and found 
she had been killed by several violent blows which 
she had received ; a great portion other brains had 
been forced out on the right side of her head. He 
found a pistol the handle of which was broke, and 
covered with blood and brains— (here the prisoner 
fainted away). It was produced in court. Eliza- 
beth Carter, servant of the prisoner, had lived 
with him three weeks on the day of the murder : 
he appeared always sensible, but frequently said 
he would murder her. The prisoner in hisdefence, 
said, that he did not know what he did j his mind 
.was very much distressed by her aggravating 
temper. A witness of the name of Brown was 
then called, who stated, that a week before the 
murder, he was with Stilwell in his garden. The 
prisoner did not then seem to knoW what he was 
about j he cut down his French beans, and pruned 
away all his rose trees. Brown asked him to go and 

have 



S.TiLWELI. S3 3 

have a pint of porter with h'm ; but Stilwell said 
he would not drink, and he never wished to go 
into his own house again, for they all made 
him miserable. Mr. justice Heath, observed, the 
only question for the jury was, whether they could 
possibly infer insanity 5 for that was the defence 
insinuated by the la^t witness. It appeared to hinv, 
that the prisoner had worked himself up to a 
frenzy of passion, so as not t6 know what he was 
about ; but that was not insanity. Men must 
restrahi the turbulence of their passions, or answer 
the consequences. It seemed That the galling yoke 
which had wrought him to the commission of this 
desperate deed, was the unhappiness of domestic 
circumstances 5 but that was not insanity. Insanity 
was a bodily disease, and did not originate in ill 
temper and passion. If, therefore, they found 
that the fact arose from a criminal indulgence of 
the passions, they must find him guilty. The 
jury, accordingly returned a verdict of guilty. 
The greater part of the trial the prisoner was per- 
fectly calm ; but, just as the verdict was given, 
he became dreadfully agitated, and could scarcely 
be supported, The learned judge, seeing that the 
prisoner was not in a condition to profit by admo- 
nition from his agitation, immediately passed sen- 
tence. He suffered the following Saturday, on a 
gallows erected at the top of the Surrey county 
gaol, in Horsemonger-lane, Newington, He came 
on the scaffold at 9 o'clock, preceded by the under 
sheiiff and the gaoler. As soon a^ he came up, 
and saw the fatal beam, he fell on his knees in a 
state of the utmost agony. The executioner im- 
mediately proceeded to do his duty, in affixing the 
halter round his neck. On being addressed by 
Mr. Wink worth, the chaplain, he seemed to re- 
sume 



33-i STIJLWELL — TERRT, 

sume his fortitude, and prayed for near a quarter of 
an hour. At the departure of the clergyman, the 
cap was pulled over his eyes 5 when he fervently 
exclaimed, " Lord be merciful to me, a sinner;'* 
which he continued repeating till the fall of the 
drop put an end to his existence. He had previ- 
ously taken the sacrament in the chapel, and con- 
ducted himself in the most penitent manner possi- 
ble, acknowledging the crime for which he suffered, 
and hoping that his death would,he a warning to 
others not to give way to their passions. After 
hanging the usual time, his body was Cut down, 
and delivered to the surgeons for dissection, pur- 
suant to the remainder of the sentence. 



TENNANT, JOHN. See Haywood, Rich. 

TERRY, JOHN, (murderer, ) was an ap- 
prentice near Wakefield, Yorkshire, and affords a 
most awful example of early depravity, and har- 
dened obstinacy. The present is a case attended 
with such peculiar circumstances, as cannot render 
it uninteresting to our readers; the voluntary con- 
fession of this criminal, and his mysterious conduct 
after condemnation, exciting no small degree of 
doubt and astonishment. Terry, *and a fejlow- 
apprentice, Joseph Heald, of wicked inclinations 
like himself, were both tried at the York assizes, 
March 19, 1803, for the wilful murder of Elizabeth 
Smith, aged sixty-seven years, at Flamsbaw, near 
Wakefield. The deceased, though in humble life, 
was a woman of most excellent character, and had 
maintained herself by keeping cows, and vending 
their produce. Having, however, the misfortune 

to 




John- Terry 



7 



\. f 30>nd%L. 



TERRY. 33S 

to lose two of her cows, she was left nearly desti- 
tute, but by the humane assistance of her neigh- 
bours she was enabled to purchase one cow ; and 
her son, who lived in Leeds, sent her eighteen gui- 
neas afterwards to buy another, but desired her not 
to purchase before Fog-time. On her receiving the 
eighteen guineas, it was immediately made known 
amongst her neighbours. T. Shaw and S- Linley, 
constables, proved the confession of Terry ; which 
was, " that he and Heald met together the night 
on which the murder was committed, and parted 
at ten o'clock, to meet again at the deceased's 
about one o'clock. They met. That he (Terry) 
assisted Heald in getting into a window, up one 
pair of stairs j that he afterwards set up something 
against the house, and climbed up after Heald. 
That after several blows had been struck at the de- 
ceased, Heald took a razor, and he (Terry) held 
hei head. In a short time he had his hand cut, 
and advised Heald to desist, as he had got enough, 
and would then go to the door and look if all was 
safe. Upon his return he found Heald had got the 
deceased into the adjoining room, and was braying 
her over the head with the tongs ; upon which he 
tojd him to desist, and come away, and there would 
beno more about \t/t Also that when Heald was 
brought into the room, after he (Terry) had made 
the confession, Heald said to him, *' Terry, I 
thought thou wouldst not have deceived me so, 
thou knowest I was not with thee ;' to which he 
answered, * Thou knowest there is a God above 
who knows ail.' A second time Heald asked him 
why he should deceive him, and said, ' Thou 
hadst better lay it upon somebody else.' That 
he replied, " I will not hang an innocent man : 
thou knowesUthere were but us two, and God for 

our 



336 TERRY. 

our witness. M The learned judge summed up tVe 
evidence to the jury ; and, as it appeared there 
was no doubt of the guilt of Terry, he dwelt prin- 
cipally upon the ciicurnstantial evidence against 
the prisoner, Heald, and pointed out, with great 
perspicuity, the shades of evidence against Heald • 
The jury declared both the prisoners— Guilty ; 
accordingly the judge, in the most solemn manner, 
pronounced sentence of death upon them. During 
the trial, and at the time the awful sentence was 
passed, Terry behaved with prudence, though ap- 
parently affected ; but Heald appeared perfectly 
ignorant of his situation, often looking round the 
court, and, to the last part of his trial, showing 
uncommon hardiness in his behaviour Their exe- 
cution was fixed for Monday, March 21, when 
early in the morning the Rev. Mr. Brown, the Or- 
dinary, attended the prisoners in their cell, in order 
to administer the sacrament, when Terry informed 
him that Heald was innocent 5 on which Mr. Brown 
stated to them the leading facts that were proved 
against them upon their trial, and referred to 
Terry's own confession of the manner in which 
they had perpetrated the murder. Terry -said, 
" that he had been induced to make that confes- 
sion, as he had been told 'that he should thereby 
save his own life <: but he now declared Heald to 
be innocent, and that he would not be hanged with 
an innocent man.'" In consequence of this decla- 
ration, the Ordinary thought it his duty to inform 
the judge of this extraordinary circumstance 5 but 
his lordship was so perfectly satisfied of Heald's 
guilt, that he ordered the sentence to be put in 
execution : his lordship, however, humanely sent 
his marshal, Mr. Wells, to attend the prisoners, 
with a discretionary power to respite the execution, 

should 



TERRY, 337* 

sTiould any circumstances appear to him, respect- 
ing Heald, that would justify the measure. Mr. 
Weils was convinced, from the cbnversation that 
passed, that Terry was not speaking the truth, and 
in consequence they were left to their fate. Again, 
Terry, in proceeding from the cell to the drop, ex- 
claimed aloud that Heald was innocent, and that 
they were going to hang an innocent man, and ap- 
peared to have worked himself up to a state of 
frenzy and distraction. On their being brought 
on the platform, a scene of more brutal stubborn- 
ness was- never witnessed, than that which was ex- 
hibited by this young offender j for as soon as he 
got on, he went forward to the front, and exclaim- 
ed in a loud voice, tf They are going to hang an 
innocent man, (meaning Heald) : he is as innocent 
as any of you ! M On uttering-of which, he imme- 
diately made a sudden spring, in order to get down 
the ladder, which he certainly would have effected, 
had he not been laid hold of by the clergyman. 
While they were pulling him back, he again ex- 
claimed, " It was me that murdered the woman ■: 
I said it was Heald ; but I did so to save my own 
life j and would not any of yen hang an innocent 
man to save your own life ?" These words he 
afterwards repeated, adding, " Don't hang Heald ; 
if you do, I shall be guilty of tixjo murders, " The 
clergyman then proceeded to do his duty 5 to 
which Terry paid no attention, but continued very- 
clamorous, notwithstanding the entreaties of Heald 
riot to deprive him of the benefit of the prayers 5 
bat Terry was not to be restrained ; and it was 
from the utmost exertions of five or six men that 
he could be dragged to the drop, and the rope 
forced over his head j during which he tore off his 
cap, and at the moment when the platform sunk, 
%g which 



3,1,$ TERRY — THOMPSON. 

i . / 

which put an end to the life of Heal J, Terry made 
a spring, and threw himself against a rail of the 
scaffold, got his foot upon the edge of a beam, and 
caught the corner post with his arm, by which he 
supported himself 5 and in this dreadful situation 
he continued for about a minute, till he wasforcei 
off by the executioner, and launched into eternity, 
with his face uncovered: a circumstance never, 
perhaps, known in the annals of a York execution. 
The probable reason for Terry's wretched beha- 
viour was, either to delay the execution, or, by de- 
claring an innocent man was going to surfer, to 
excite the compassion of the numerous spectators, 
and induce them to attempt a rescue. However, 
as Heald met death with resignation, and never 
once attempted to assert his innocence, which he 
bad done before his condemnation, we may justly 
conclude, from his silence and submission, that his 
share of guilt in this bloody transaction was great 
—-that notwithstanding his improper conduct dur- 
ing his trial, he was now duly impressed with the 
magnitude of his sins, and died, as became him— - 
a penitent Christian 5 — while his unfortunate ac- 
complice, whose previous behaviour had been pru- 
dent and exemplary, misapplied the few last mo- 
ments which were allotted to him in this life, and 
departed with unavailing lies in his mouth ! 

THOMPSON, alias Kelly, John, (rob- 
ber,) whose crime, though the robbery was to the 
value of only six shillings, was attended with such 
aggravating and disgraceful circumstances, as pre- 
cluded all hopes of pardon. This villain, aged 42, 
whose aspect bespoke his ferocious disposition, was 
indicted at the Old Bailey, July 6, 1803, for hav- 
ing, on the 27th of the preceding month of May, 
assaulted Mary Hurst, widow, and robbing her 

of 



THOMPSON 33& 

©f a wicker basket, containing a set of knitting- 
needles, cbildrens' books, ballads, cotton laces, pin- 
cushions, &c. by the sale of which she obtained her 
livelihood This poor woman, whose very appear- 
ance was enough to excite commiseration, was up- 
wards of 80 years of age, palsied in every part of 
her frame, and unable to move a step without as- 
sistance. Thompson met her at 11 o'clock at 
night, as she was going to Hertford, and, notwith- 
standing her age and infirmities, knocked her 
down, and beat her as long as he could. Not con- 
tent with this brutal behaviour, he proceeded to 
indecencies with her. She cried " Murder !" and 
he threatened to pull her tongue out if she made 
any more noise. He then repeated his blows, and 
even stamped upon her stomach 5 after which the 
inhuman wretch seized her basket, and ran away 
with her little all. The poor aged sufferer crawled, 
upon her hands and knees till she met a watchman, 
who guided her to an ale-house. Such was the 
substance of Mary Hurst's story, which was corro- 
borated, by the testimony of Richard Gibbs, the 
watchman. He declared she was in a very piteous 
condition: the blood ran out of her mouth 5 her 
eyes very much swelled ; her hands bloody all 
over : in short, she was quite frightful for any one 
to see. Matthew Wells, the ostler at the Chaise and 
Hor?es,at Hammersmith, swore, that between twelve 
and one o'clock, the prisoner was at the Chaise 
and Horses 5 no one was with him . he staid about 
halt an hour, and he had the basket at that time 3 
which stood upon the table before him. After he 
was gone, about an hour and an half, the watch- 
man brought in . the old woman 5 and, in conse- 
quence of what they told him, the witness, about 
a quarter before three o'clock in the morning, rode 
2G2 with 



340 THOMPSON. 

with Mr. Rutter, a butcher, in Oxendon-street, m 
pursuit of the rn,an. The witness then went back, 
into Piccadilly, and met the prisoner (with^ basket) 
three doors on the other side of Air-street. It 
rained very hard, and the witness having accosted 
him, asked if .he was not wet. He said only a lit- 
tle wet at his back. Witness then remarked, he 
had not come far; but the prisoner confessed he 
had come from Brentford. The witness then in- 
vited him to take some purl with him ; and when 
they had got about one hundred and twenty yard-?. 
Wells seized him by the" collar, and told him he 
was his prisoner. The watchman was in his box, 
and they tock him to Vine-street watch -house, 
where the witness took the basket from him, and 
delivered it to the constable of the night. Charles 
Luppino, constable, said, that he asked the pri- 
soner, when brought to the watch-house, his name , 
and he told him it was John Kelly ; but the next 
morning, at the office, he -aid his name was John 
Thompson, and that John Kelly was the man who 
had beat the woman. This witness produced the 
basket, which was sworn to by the prosecutrix. 
He also said, that the prisonerwas dressed in a blue 
jacket when brought to the watch-house j which 
accorded with the description which the old woman 
g.ave of the robber ; and that the next morning, 
when she saw him, she exclaimed, (i that is the 
villain !" The prisoner in his defence said, that a 
sailor in Piccadilly gave him the basket to hold, 
while he did a little job for himself. He denied 
ever being at the Chaise and Horses. The pri- 
soner's guilt having been fully established, the jury, 
without any hesitation, returned a verdict of — 
Guilty. His condemnation appeared to give uni- 
versal satisfaction. He was ordered for execution 

on 



THOMPSON — TROY. Sli 

©n Wednesday, Sept. 21, 1803; but having been 
respitecj * for fourteen days, this hardened wretch 
did not suffer till Thursday, October 6. He was 
brought out of Newgate on the platform in the 
Old Bailey, a few minutes after eight o'clock, and, 
after spending a short time in fervent p.iayer, he 
was then launched into eternity ! 

TROY, JOHN, (forgery,") adds to the too nu- 
merous lists of unfortunate youths who have suffered 
for the crime of forgery, and whose case( though des- 
titute of any thing remarkable or novel) shews the 
necessity of bearing a good character j for had this 
culprit (who was about 26 years of age) been able 
to have called two or three respectable witnesses to 
attest his integrity, his defence, which was certainly 
plausible, would doubtless have had some effect 
upon the jury. He was indicted at the Old Bailey, 
May 30, 1805, for uttering a counterfeit 5/. bank 
of England note, knowing the same to be forged* 
It appeared that the prisoner had offered the note 
in question to a Mr. Rhodes, a hosier, in Holborn, 
in order to pay for a pair of stockings, which he 
had agreed to purchase at the rate of twelve shil- 
lings.^ Mr. Rhodes suspected the note to be a bad 
one, and pretending to go out to get change, con- 
sulted a gentleman in his neighbourhood, who con 
firmed his suspicion. He then procured a consta- 
ble, and returning to the shop, the prisoner Was 

* : This respite was doubtless in consequence of the v 
trifles or which he had lobbed the old woman; but 
when the cruelty attending this robbery was duly con- 
sidered, mercy (as before intimated) could not be fur- 
ther extended the crime was rendered truly heinous 
by the barbarous manner ih which Jhe treated age, weak- 
uess. and infirmity ! 

2G3 taken 



8 V2 TROY. 

taken into custody. The note was proved to be a 
counterfeit 5 and it was also proved that the pri- 
soner had passed two other forged notes, of the 
same fabrication. To one of these persons, Tho- 
mas Thompson, linen-draper and hosier, in New- 
street, Covent-garden, he gave the name of John 
May, Blackbird, Luw-Layton, Elizabeth Shep- 
herd, who keeps the Blackbird, at Low-Layton, 
declared, that *he did not know, or ever saw, the 
prisoner. The other person, on whom he imposed, 
was Ann Pudephat, who keeps a milliner's shop, in 
Tichbonrne-street : she said, that Mary Young, 
whom she also knew by the name of Mary Thom- 
son, agreed to give her a guinea, for a small bon- 
net, whieh she promised to &end tor. The pri- 
soner came for this bonnet, and paid her with a 
forged .5/. she gave him four pounds, and he gave 
her a shilling. Mary Young said, she had been 
acquainted with the prisoner almost a twelvemonth 5 
that she did commission him to call for the bonnet, 
but that she gave him cash (gold and silver) to pay 
for it : at the same time requesting him to get it if 
he could for a pound. She did not know that he 
then had a 5/, note in his possession ; and she re- 
membered asking him, at that time, to try and 
pass a bad dollar which she had, when his answer 
wa?, " Do you want me to be hanged!" The 
prisoner, in his defence, acknowledged that he had 
Tattered these notes, but declared, that he did not 
know that they were forged. He found them, he 
said, and confessed his dishonesty in not advertis- 
ing the book in which they were: they did not'be- 
long to. him 5 but through his partner'* distressing 
biim to the last shilling, he parted with them. 
*' Can it be supposed/' added he, " that I, know- 
ing these $1, notes to be forged, would have con* 

tinued 



TRQY — TURNBR. 343 

finned in Mr. Rhodcs's shop, when, he was away a 
foil quarter of an hour ? I was left on the otner 
tide of the counter, and the door open." Being 
asked, if he had any witness to call in his behalf, 
fie said, he had not; and accordingly the jury 
pronounced him — -Guilty. This unfortunate 
young man suffered atthe Old Bailey, July 3 ?; 

TURNEft, JOHN ROGER, (forgery,) was 
a young man about 34 -years of age, of prepossess- 
ing appearance and gentlemanly manners, fat and^ 
florid, who, through that contagious crime of for- 
gery, forfeited his life in justice to the violated 
laws of his country. The species of forgery for 
which he suffered was somewhat novel. He had 
been clerk to Messrs. Stonard and Ryland, corn- 
factors, in Mark-lane, for several years, who were 
in the habit of purchasing stock for their country 
correspondents. By these means the prisoner knew 
that Mr. Wakrram had 10,000/. stock in the 3 per 
cent, reduced. Turner accordingly informed a 
Mr. H. Engeli that he wanted to sell out- 7000/. 
stock, and requested that he would recommend him 
a broker, the one that sold for him having run; , 
away. Htr therefore recommended him to a Mr. 
J. Sherrott, a stock-broker in Ratcliffe-highway, 
whom he called 6n January S, 1805, and gave him 
orders to sell out 7000/. Turner was accompanied 
by another person, who afte< wards proved to be his 
father in-law, Mr. Price, a shoemaker. Mr. Sher- 
rott said he would have the business done the next 
day. They accordingly wecj to the 3 per cent, 
reduced office, and the necessary proceedings for 
selling out were resorted to. Turner gave Mr. 
Sherrott a receipt for the value of the 7000/. stock, 
for which he was to receive a checque* The re- 
4 ceipt 



344 TURNER. 

■ceipt was in the usual form, and a blank was left 
for the attestation of the clerk at the bank, after 
the transfer should be completed. Mr. Sherrott 
informed Turner, that before the transfer could 
be completed, the clerks must be convinced of bis 
identity. He said, that he knew no person near 
the 'Change since his late broker had fled, and he 
therefore requested that Mr. Sherrott would satisfy 
the clerks on this head, Mr. Sherrott, however, 
fortunately declined identifying the man, whom he 
was a stranger to 5 when it was agreed that he 
should meet Mr Sherrott at the Bank, the next 
day, with a friend, who would identify hhn. He, 
however, failed in the appointment ; and Sherrott 
did not see him till half-past four that day, when 
he came to his house, where he said that he had 
been in search of a Mr. Thomas Rutt, who had 
purchased stock for him, in order to clear up any 
doubts ; but that he could not see him till the next 
day. Mr. Sherrott expressed great displeasure at 
the d sappointment, for the stock had rose 2 per 
cent, and he was obliged to Sell the stock at the 
price agreed for: being hurt at the thoughts 
of paying these two pounds out of his own pocket, 
he was a little warm. During this interview, a 
Mi. Robinson, corn chandler, in RatclifTe-highway, 
came in, and addressed him by name — " How do 
you do, Mr. Turner ?"" Turner pretended that he 
was mistaken in his person and name. When Mr. 
Robinson said, " Piay, don't you live as clerk to 
Stonard and Ryland ?" Sherrott saw that he was 
Confused $ an<. t®ld him, " as you saH that your 
name *s William W T altham, and it is not, I think 
it my duty to tvike you into custody:'* and ac- 
cordingly charged an officer with him. On Friday. 
February 22, he was indicted at the Old Bailey, 

before 



TURNER.-— WALK SR 



34* ' 



before Mr. Justice Le Blanc, for forcing, uttering, 
and- publishing, as true, a certain instrument, pur- 
porting to' be a receipt for the sale of 7000/. of re" 
duced 3 per cent, steck, the property of William 
Walt haw. During the trial,, the aboye particulars, 
were sworn to and the receipt read : which the pri- 
soner's counsel assorted, not having been signed by 
she witnessing clerk, cduki no* have the effect of 
forgery : but. this objection was overru'ed by the 
Court, who observed, that this indictment was for 
fofging a receipt— it had nothing to do with a 
transfer. The jury Found the prisoner— Guilty 5 
and he suffered the sentence of the law, Wednes- 
day, May §., 1205, on the scaffold opposite the- 
jDfcbtors'-door, at Newgate, He was dressed in a 
black coat and waistcoat, white plush breeches, and 
boots- In place of having his hands tied with a 
jfope, as usual), he furnished himself with anew 
mu»li» handkerchief, and his girt, in place of a 
jepe, was a silk twist. After ascending the fatal 
seal/old, attended by the sheriff, the under sheriff, 
and ordinary, he was, under a heavy rain, tied, 
aixl -almost instantly, at his own request, launched 
i»to eternity. This unfo.itunate man left a wife 
and an aged mother to lament his untimely zwA* 



V, 
VARBEN, WILLIAM. See Fordham, J. 



W/' 

WALKER, GEORGE RICHARD, (for. 
cery,) was, together with Christopher Dodds* 

Thomas 



345 WALKER. 

knew Major Hawkins very well, also proved the 
will to he a forgery. William Test, Esq. also 
corroborated. Mr. Richard Hawkins, nephew *.@> 
the deceased Major, and a lieutenant in the array, 
stated that his family connections were a father,, 
the late Major's brother, an own brother, and two 
sisters, all of whom were on the most affectionate 
terms. Witness heard of the death of his uncle at 
Trinidad in the middle of October, '1804. . The 
will was produced, and the witness swore the sig- 
nature, &c. was not the hand-writing of his uncle. 
He never knew the name of Elizabeth Hind, hut 
he had heard his uncle mention Walker's name, 
Robert Heddington was called, and he proved the 
signature of the will, and the affidavits thereto be- 
longing to have been written by G. Walker, Ro- 
chester, and Dodds, He would not swear to the 
signature of RicharJ Walker. The will was here 
read by the clerk of the arraigns, which was sign- 
ed with tjje name of G. R. Walker, Esq. Gucjr- 
sey, executor. The affidavit of Walker annexe! 
to the will as executor, went to state that he knew 
of no other will or codicil of the late Major Haw- 
kins. The allegations relating to the will mads 
by the prisoners were read in Court, and the hand- 
writings were severally sworn to by several wit- 
nesses. Elizabeth Sadler, who resided in Dart- 
mouth-street, Westminster, stated, that the pro- 
soner, George Walker, and his wife, occupied 
apartments in her house in July 1803, and they 
went by the name of Browning, Mrs. Mary 
Woodford also proved that George Walker occu- 
pied apartments in her hosue 1803, in Brook 
s-treet, New-road, Mary-le-bone,in his own name* 
and. also a wonaan of the name of Browning. 

Wir«€i* 



WALKER. 34& 

Witness knew a man of the name of Heddington, 
and Walker was deaf. Mr. Hines lodged in *he 
same house, and corroborated this statement. The 
next witness, Heddington, who had been privy to 
all the transactions of the prisoner, and who was a 
most material witness in this case, had known the 
prisoner, George Walker, many years. He was 
employed by government at Guernsey to supply 
the different garrisons with coals, &c. and witness 
was his servant. In July 1&04, he received a let- 
ter (the prisoner Rochester being then out of 
Walker's employ) to call on him (Rochester) in 
Wellclose-square, at his house. Witness did so, 
he was not at home, but a letter was left for him, 
with one inclosed for G. Walker, for him to con- 
vey to his older master, in which he was not to 
fail. Witness delivered the letter to the woman 
who lived with Walker as his wife, who called her- 
self Mrs. Browning. He was informed by Roches- 
ter, on his return to his house in Weilelose-square. 
that an old intimate friend of Walker's had died 
at Trinidad; and there was only one subscribing^ 
witness to the will, a Mrs. Browning, who had left 
the country in consequence of an altercation re* v 
specting family matters. Two more witnesses were 
necessary, and Mr. Walker had known him long, 
and he of course could have no objection to be- 
come a subscribing witness. The will was a good 
one, G. Walker was executor, and no evil coukl 
arise from his signature. An appointment was 
made fot a meeting between G. Walker and wit- 
ness, ?t the Circus Coffee-house, St. George's- 
Fields, where witness found Walker and a man of 
the name of Godson in waiting, who was one of 
Walker's clerks. Walker was deaf, and they 
a h communicated 



SiS WALKER. 

knew Major Hawkins very well, also proved the 
will to he a forgery. William Test, Esq. also 
corroborated. Mr. Richard Hawkins, nephew <t© 
the deceased Major, and a lieutenant in the array, 
stated that his family conneccions were a father* 
die late Major's brother, an own brother, and two 
sisters, all of whom were on the most affectionate 
terms. Witness heard of the death of his uncie at 
Trinidad in the middle of October, '1804. The 
will was produced, and the witness swore the sig- 
nature, Ssc. was not the hand-writing of his uncle.. 
He never knew the name of Elizabeth Hind, but 
he had heard his uncle mention Walker's nan^e, 
Kobert Heddington was called, and he proved the 
signature of the will, and the arS davits thereto be- 
longing to have been written by G. Walker, J&o- 
chester, and Dodds, He would not swear to tkt 
signature of Richard Walker. The will was here 
read by the clerk of the arraigns, which was sign- 
ed with tjje name of G. 1<. Walker, Esq. Guern- 
sey, executor. The affidavit of Walker annexed. 
to the will as executor, went to state that he knew 
of no other will or codicil of" the late Major Haw- 
kins. The allegations relating to the will fn&fc 
by the prisoners were read in Court, and the hand- 
writings were severally sworn to by several wit- 
nesses. Elizabeth Sadier, who resided in Dart- 
mouth-street, Westminster, stated, that the p»i* 
soner, George Walker, and his wife, occupied 
apartments in her house in July 1803, and they 
went by the name of Browning, Mrs. Mary 
Woodford also proved that George Walker occu- 
pied apartments in her hosue 1803, in Brook 
street, New-road, Mary-le-bone,in his own name* 
and. also a woman of the name of Brown nig. 

Witney* 



WALKER. 34-S 

Witness knew a man of the name of Heddington^ 
snd Walker was deaf. Mr. Hines lodged in the 
same house, and corroborated this statement. The 
next witness, Heddington, who had been privy to 
all the transactions of the prisoner, and who was a 
most material witness in this case, had known the 
prisoner, George Walker, many years. He was 
employed by government at Guernsey to supply 
the different garrisons with coals, &c. and witness 
was his servant In July 1804, he received a let- 
ter (the prisoner Rochester being then out of 
Walker's employ) to call on him (Rochester) in 
Wellclose-square, at his house. Witness did so j 
he was not at home, but a letter was left for him 5 
with one inclosed for G. Walker, for him to con- 
vey to his older master, in which he was not to 
fail. Witness delivered the letter to the woman 
who lived with Walker as his wife, who called her- 
self Mrs. Browning. He was informed by Roches- 
ter, on his return to his house in Weilclose-square e 
that an old intimate friend of Walker's had died 
at Trinidad; and there was only one subscribing 
witness to the will, a Mrs. Browning, who had left 
the country in consequence of an altercation re* 
specting family matters. Two more witnesses were 
necessary, and Mr. Walker had known him long* 
and he of course could have no objection to be* 
come a subscribing witness. The will was a good 
one, G. Walker was executor, and no evil could, 
arise from his signature. An appointment was 
made fot a meeting between G. Walker and wit- 
ness, ?t the Circus Coffee-house, St. George's* 
Fields, where witness found Walker and a man of 
the name of Godson in waiting, who was one of 
Walker's clerks. Walker was deaf, and they* 
a w communicated 



$50 WALKER. 

communicated to each other on slips of paper, 
which were burned. Walker assured witness* there 
was no danger in signing, and they agreed to meet 
and dine the next day at "the house of the prisoner 
Rochester. They met at, three o'clock, and dined 
together, agreeable to the appointment ; the com- 
pany consisted o^ Mrs. R. Walker and witness. 
After dinner, Rochester beckoned witness up 
stairs, and placed a paper in his hand, which was 
the will in question. Witness smiled, and observed, 
the ink was not yet dry. Rochester advised him 
to sign under the name of Brown, stating, that he 
had been promised three hundred pounds to do so, 
on his part, and Walker would give him, the wit- 
ness, one hundred pounds and five guineas to do the 
same. Witness positively refused to sign the will, 
and left the house. He saw Rochester again the 
next day, who informed him the will he had seen 
was only a copy of the original. Witness saw 
Dodds, who was an attorney's clerk, the following 
day, and he acquainted him with what had hap- 
pened. Dodds begged to be introduced to the 
parties, for he had seen many good wills, and he 
was a competent judge of them. It was difficult 
to prove a will at Doctor's Commons for want of 
witnesses. Witness" apprised Rochester of what 
had passed, and an interview was the consequence 
between him and the prisoner Dodds. Richard 
Walker, the other prisoner, was heard of, and in- 
troduced to the parties by Dodds, at the Saracen's- 
Head, Snow hill. Dodds was hired to get another 
subscribing witness to the will, by Rochester- 
Rochester accused witness with bavins: strange 
ideas respecting the will, and danger of signing it, 
which he again observed was only a copy Mrs. 

Browning 



WALKER. 351 

Browning contended that she was the widow of a 
captain. The will was again produced in the pre- 
sence of witness, and Dodds took it to the window, 
and looked at the water mark : he said that a man 
should not have to do with such things without 
having had experience. The water- mark appeared 
to him to be plausible. Richard Walker said he 
would not sign until Dodds had done so, for he 
was a man of the law. Witness then saw the 
whole of them sign, as he was standing by them. 
The other part of the witness's statement went 
clearly to involve the whole of the prisoners in 
guilt. Several other witnesses were examined, and 
Lord Ellenborough summed up in a very humane 
and perspicuous manner : he occupied three hours 
in his charge to the jury, who withdrew for about 
twenty minutes, and found George Richard Walker 
(aged 40) aid Christopher Dodds (aged 55)-— 
Guilty 1 but acquitted the othrr two. The trial 
lasted fourteen hour-, and did nor conclude till 
eleven o'clock. The Court was excessivt-iy crowd* 
ed, and many distinguished personages were on the 
bench with the judges. These two offender suf- 
fered the sentence of the law, opposite the debtor's 
door, in Newgate, June 11, 1806, together with 
Geoige Calder, aged thirty five^ who had been 
convicted )&piil 21, i8o6> of forging a certificate, 
and personating Archibald M'Gogan, a seaman, 
in order to obtain his prize-money,. as a seaman on 
board the Caroline: CharieS Hemmings, aged 26, 
and George Bevan, aged 36, who were found 
guilty, April 17, of robbing the Rev. Henry Cra- 
ven Orde, on the king's highway, putting him in 
fear, and taking from his person, on the 24th of 
March* 1806, a purse containing a draft for 18/. a 
' % H 2 quantity 



S52 WALKER, 

quantity of gold and silver, and several papers. 
This audacious robbery was committed 'in a dark 
jane, opposite Southampton -street. The ruffians 
stated themselves to be Bow-street officers, who 
ivere about to taSce charge of the clergyman for an 
offence, if he did not instantly give a sum in order 
to conceal it. Agitated by so sudden an attack 
on his ptrson, and fearing the threats that were vo- 
ciferated, he drew out his purse, and gave the ruf- 
fians a seven-shilling piece. He then attempted to 
get away, when his purse, containing a draft for 
i$L drawn by his brother the Rev. John Norman 
Orde, was snatched from him, and the robbers 
made off. The next morning two persons went to 
the shop of Mr Lingham, tailor, No, 280, Strand, 
and purchased two surtout coats, for which they 
gave the 18/. draft in payment. Bevan was the 
man who paid the 18/. draft for the surtout 
coats : and his person having been described by 
Mr. Lingham, Lovett and Foy apprehended him 
on the 31st March, at the dead-wall, in Saville- 
row. One of the coats was found on Bevan. In 
two days after the robbery, Hemmings went to 
Mr. Orde's, and returned the red-leather purse to 
the Rev, John Norman Orde, whom he mistook 
for the gentleman they had robbed ; telling him 
he was a Bow street officer : could swear to him 
at any time ; and that he had, according to his 
advice, given the draft, to enjoin secrecy 5 he 
afterwards said, that he was not a Bow-oSicer 
now, but that he had been two months ago. He 
was detained by the prosecutor's brother, who sent 
the servant for a constable. These tour malefac- 
tors conducted themselves with much decorum, in 
the presence of a numerous assemblage of specta- 
tors, 



WEBB, 353 

torsj who, to their shame be it told, appeared more 
amused than edified by the sight. 

WEBB, GEORGE, (burglary) was bom 
near Bromsgrove, in Worcestershire, and though the 
son of a clergyman, became a most notorious depre- 
dator. Having come to London, he got acquainted 
with Richard Ru>sel, John Leonard White, and 
Edward Egerton, men of infamous characters^ 
went to Woolwich, worked* as a lumper, and 
there married a young woman of the name of 
Cocks, where he commenced smuggler. About 
Deptford he was known by the name of Smith ; 
and was committed for an assault, tried at the 
Quarter-sessions, at Maidstone, where he received 
sentence of imprisonment, to pay a fine off/, and 
to find bondsmen for his good behaviour. He lay 
there six months after his sentence had expired for 
want of* sureties, and then volunteered his service 
to the justices to serve in the West Kent Militia ; 
his services were accepted, and he was sworn in at 
Tunbridse. He joined the regiment, remained 
with them five or six months, and deserted j was 
taken up and brought back to Maidstone as a de- 
serter, was discharged by order of the Secretary of 
War, taken to the regiment and punished, Soon 
after this, he again deserted, and took an apart- 
ment on Blackheath, in the neighbourhood of which 
many depredations having been committed, he 
was apprehended and taken to Bow street, with 
Richard Russel and Sarah Russel, on suspicion of 
feloniously and burglariously breaking and enter « 
ing the dwelling-house of Thomas Ebenezer 
Taylor, situate at New Cross, and stealing a 
pair of pistols, an opera-glass, and divers 
other articles. They also stood charged with 
' a H 3 - breaking 



35^ WEBB. 

breaking and entering the dwelling house of Wil- 
liam Shadbolt, in the parish of Deptford, and 
stealing divers articles of plate, several silver coins, 
seven shirts, &e. Also with breaking and entering 
the dwelling house of Joseph Warner, in the parislj 
of Ekham, and stealing six window-curtains, and 
divers other articles. When taken into custody, 
it was foiind he had been at Birmingham, having 
sent his mother a letter, a copy of which is as 
follows : 
«« My dear Mother, 

" Ingratitude, mingled with shame, 
almost dares me to either write or see you again : 
however, I have this time the assurance and full 
determination of seeing you, please God, and 
with your approbation, on Wednesday next, at the 
Hen and Chickens, .New-street, Birmingham, 
with my sister or sisters. It is my intention, please 
the Almighty nothing happens, to be there on the 
before-mentioned day, and I hope you will give 
me the meeting there, if possible you can make it 
convenient Do not let rh expencebe an hindrance, 
as that's of no consequence, I will defray the whole 
So you will, I hope, excuse this short epistle, and 
forward an auswev by return of post, to oblige 
Your ungrateful son, 

Blackheath, GEORGE WEBB." 

<c P. S. Direct for Mr. Webb, near the Hare and 
Billet, Blackheath, Kent." 

The magistrates at Bow- street, now thought it 
advisable to dispatch William Adkins, an officer 
to Bordesley ntar Birmingham, the residence of 
his mother, who, on his arrival there, searched her 
house, for silver table-epoons and other goods, 
stolen from the house of General Twiss, of South- 
end 



WEBB. 355 

end, near Eltham, in Kent. Mr. Payn and Mr. 
Eagle, constables, assisted him in the search. 
When he entered Mrs. Webb's house, he found 
in the house Mis. Webb and her two daughters. 
Mrs. Mac. Gaa and Miss Webb, and Mrs. Knot, 
a lodger, and the servant-girl. He asked Mrs. 
Webb, if she had a son lived in Blackheath ; she 
said.,, she believed she had : he then asked her if he 
had not been down to see her lately 5 she saici he 
had . he then asked her if he had not brought a 
box or trunk of plated goods in it ; she replied, he 
had brought a box, but there was nothing but 
clothes in it, and what he had brought he had 
taken away with him: he then told Mrs. Webb, he 
was an officer from Bow street, and he and Mr. Payn 
and Mr. Eagle had a warrant to search the house : 
that her son was in custody on a very serious charge, 
and if he had left any thing with her, or if there was 
any thing in her house which he had brought 
down with him, he begged her to mention them, 
as otherwise, if any thing were found, it might be 
of serious consequence to bei'j for as to him, (her 
son) no evidence was wanting to convict him. Mrs. 
Webb said, there was nothing left there at all. 
-He again begged of her, if there was any thing, 
to inform him of it j she hesitated awhile, and then 
said, there was a pair of pistols, which were in a 
T)ox in the back kitchen, and the witness took 
possession of thetu, and also a pair of patent silver 
clasps or latches, and wrote his initials on t|iem. 
He then asked her if there was any thing more, 
and she positively said there was not* Mrs. Ann 
Webb came up to him in the passage, and he asked 
her if there was any thing more, and she said there 
was j she got a purse and a smelling-bottle in her 

pocket 1 



556 



WEBS, 



pocket 5 and she immediately ,gave him a silver 
net purse and a smelling bottle, and an opera- 
glass. He then asked her if there was not some- 
thing else ; and she sain 1 , yes, there was ? her sister 
had got a purse also and a pocket-book- He then 
went to Mrs M'Gaa, and she acknowledged to 
have received from her brother a purse and a 
pocket book, and went up stairs and fetched a sil- 
ver net purse, a pocket-book, and pencil and pencil 
case, and gave them to the officer. He then 
asked Miss Ann Wehb, if there were not some 
piated goods ; she replied, why, has not my mo- 
ther told you ? He said yes, but not where they are. 
Mrs V G^a then took him to ashed in the garden, 
and shewed him where they were ; and out of a 
rabbit pen in that shed, he took four plated 
standi, and two silver salt spoons, which were co- 
vered w'ph hay in the pen. He then asked her if 
there was any thing else; she said, has my mother 
mentioned a table cloth : Adkins said, no; and 
Mrs. Jvi'Gaa then took him up stairs, and shewed 
him a drawer, out of which n« took a large da- 
mask table doth. Hethen said he mu-t search them j 
and on that Mrs. Wibb pulled out of her pocket a 
shagr en mathematical instrument case and instru- 
ir.en-s, wh eh she sad she had forpot, and a 
pocket book of -yellow leather, mounted with 
silver, \*hch she gave to him. Mrs. M'Gaa 
aftei wards £;ave him another pair of silver salt- 
spoons, all which goods Mrs. Webb, said her son 
had piven to them He also took fiom Miss Ann 
Wthb seven pieces of old silver coin, and one 
fcc^ oi gold coin ; also a silver cross ^et w ith gar- 
nets, andan enamelled trinket mounted with brass. 
He likewise found in the cupboard in the parlour, 

a silver 



WEBB. 35 V 

& silver pepper-tx>x. The next morning he found 
in a drawer, in the front < harnber, a re i morocco 
writrins: case, which Mrs. Webb and her daughters 
said they had no knowledge of. The widow on 
examination, afterwards confessed that her son 
George Webb, about twenty-eight years old, 
came to see her this day fortnight, in order to sign a 
conveyance of his interest in an estate to her, which 
she had contracted to sell to Sir Harry Feather- 
stone Haugh ; that he told her he resided at Black- 
heath, had married a wife with a fortune of 950/. 
was in the wholesale tea-trade, and doing very 
yvell|; that he should have it in his power to assist 
her if she wanted it, and to allow her 50/. 
a yearj that he brought his clothes in a box, and 
when he first came into the house he told her he 
had brought her a small present, and went up 
stairs with his box, and brought down two pair of 
plated bottle- stands, and two pair of silver salt 
spoons, and a silver net purse, and a table-cloth, 
which he gave to her 5 that soon after, he gave to 
his sister Mrs. M'Gaa, a silver net purse, and a 
silver pencil-case and pen knife ; and ^o his 
sister, Ann Webb, he gave a smelling bottle, 
a yellow leather purse mounted with silver, and 
an opera- glass. That as soon as his brother 
Robert came home from work, he gave him 
in her presence, a pair of brass pistoh, which 
he said he designed for his brother Chasles: that 
he also gave Robert a pair of patent silver iatchets, 
a mathematical instrument case, as he thought 
Robert had been in a way of trade in which they 
might have been of service to him j that he said he 
been given°five guineas tor the pistols, and two pounds 
ten shillings for the mathematical instrument case $ 
that she (the mother) was proud of these articles 

neighbours ; 



35S , WEBB. 

as a present from her son, and shewed them to 
Mr. Alien and Mr. Dickenson, and many other 
neighbours; that in return she gave her son 
George, before, he left Birmingham, a silver 
watch of his father's, a gold seal, and a silver cup. 
She, however, confessed a little before the officers 
came and searched her house, she had received a 
letter by the London post, without a signature, 
and most abominably spelt, dated July i, 1805, 
desiring her to put every thing out of the house. 
Fearing from this that her son had done some- 
thing wrong, she was distressed to the utmost, and 
put the two pair of bottle- stands and pair of salt- 
spoons in the rabbit-pen ; and that from the same 
fears, and under the same alarm, she was induced 
to give the false account she did to Mr. Adkins, 
respecting the things her son George had brought 
to her house. The stolen property being thus as- 
certained, the suspected house breakers, viz. 
Webb, Russel, White, Egerton, and Sarah Russel 
Russel's wife (aged thirty five), were removed 
from London to Maidstone, and there tried for the 
same; when Webb and Ri^el were found guilty^ 
and White, Egerton, and Russel s wife, were ac- 
quitted. When the sentence of death was pro- 
riounced, Webb did not appear the least affected ; 
but Russel fell on his knees, and implored the 
judge's pardon in the most supplicating man- 
ner ; and Webb's wife, who had been delivered 
5n Union-street, Maidstone, of a child only eleven 
days before, went to his ljrdship, in favour of her 
husband, but to no avail ; as the judge observed, 
so many depredations had been committed in that 
nejghbourhood, that no pardon could he granted. 
After this Webb kept up his spirits, and expressed 
his sentiments in the following words at the time 

of 



WEBB. 35$ 

of his being under sentence of death in Maidstone- 
goal. " White is free, this is a fine night for 
cracking ; White has a right to rob another this 
night ; had I been at liberty, I would have robbed 
two or three houses. My going to Shooters-hill' 
will save me three guineas ;* that will be a reserve 
for my wife and cub/'' His accomplice, Richard 
Russel, fagecl thirty five), was born at Green- 
wich, and formerly lived in Bermondsey : he then 
went to sea, and, on his . return, worked as a 
butcher, at the Redhouse, Deptford, afterwards 
as a lumper, and lately as a journeyman brick- 
maker, at Messrs. Fenterman and Loafs limekiln 9 
Greenwhich, where he earned from thirty-five to 
forty shillings per week. He lived at Blaekheatb, 
where his wife and four children resided. He had 
been before in custody for stealing a piece of meat 
at Deptford. When the officers came to appre- 
hend hirn for the burglary, for which he suffered, 
he made a stout resistance, and did not surrender 
till he had received several severe blows. The be- 
haviour of these two men, while under sentence of 
death, was exceedingly hardened and depraved. 
In their repeated attempts to liberate themselves 
from that security, wherein it was necessary they 
should be placed, they literally gutted all the pad- 
locks, cut through with the greatest facility a 
large iron ring, to which they were bound, forced 
many bolts and bars of iron, and drew up innume- 
rable nails five or si* inches iong, notwithstanding 
the vigilance of the keeper night and day upon 
guard over them. On leaving the goal, Monday, 
August 19, 1805, at five o'clock in the morning, 



* 4. e* The expenses of a hearse 

in 



36.) WEBB. — WHITE, 

In order to suffering sentence of the law at Shooter's- 
hill, they contumeliously gave three cheers, and 
Webb said, «' It was all right :" They were 
placed in a coach and four, with the turnkey and 
another person, preceded by a post chaise, with 
the Rev. Mr. Shelton, and followed by another, 
wherein was Mr. Watson, the gaoler, Sec, guarded 
by a train of constables, and the whole escorted by 
a detachment of cavalry in front and rear. One 
©f the prisoners looking at the guard, was heard 
to say, tc It is iinpa>sible for a fly to mai^e his- 
escape." On their arrival at Farningham, the. 
guard from the depot was dismissed, and a larger 
detachment, consisting of a captain's guard, that 
escorted them to the gallows. On arriving 
there, they nodded to several of their ac- 
quaintances ; but that display of boldness, which 
had been so apparent in these unhappy men, now 
forsook them, particularly in Webb, who was the 
greater bravado. Soon after twelve o'clock, when 
the usual time had been spent in prayer: in which 
they joined through the pious admonitions of the 
chaplain, with- great fervency, they were launched 
into eternity, shewing in their last moments great 
resignation, and a constancy towards each other 
as confederates, by a voluntary act of their own 
of having each other's hands tied together, and 
in which position they quitted the stage of life. 
Webb, when the caps were drawn over their faces, 
was heard to say, " Lord ! have mercy upon us." 
They were dressed decent; and their bodies were 
taken away by an elderly man, who had spoken to 
Russel in the wav. 

WHITE, JOHN LEONARD, (cutting and 
maiming) a notorious offender, who had been 

connected 



WHITE. * 36*1 

connected with a gang of villains- that had 
long infested the neighbourhood of Blackheath, 
who had been tried at the Summer assizes in Maid- < 
stone 1805, with Webb and Russel, but acquitted 
for want of sufficient evidence: (Bee Webb) Ac- 
cording to his own account, he was the son of a 
man of propeity who had left him 5000/, but such 
was his iniquitous disposition that he did not long 
out-iive his above-mentioned companions, although 
he then publicly boasted, that the police officers 
(whom he well knew) should never capitally con- 
vict him, as he wouM take care that no instrument 
of house-breaking, or firearms, should ever be 
found in his possession. It is said, that he and 
some others, determining to rob a gentleman's 
house, had got to the back-garden wall, when a 
conversation took place who should get over the 
wall first, as there were several servants about the 
house ; when one of the theivessaid, * if they come I 
have poppers' 1 (pistols). Then said White, ' you 
may go and rob yourselves-, fori will have nothing 
to do with it,' and he left them. They succeeded, 
and robbed j and White, it is said, having found 
out the amount taken, insisted on a share of the ^ 
produce 5 for he used to say, he always thought 
it bad enough to rob without using people ill 5 yet 
he forfeited his life on that account j for on his 
return to London, where he still pursued his for- 
mer thieving habits (which he had followed for 
many years), he, in company with John Richard- '" 
son, endeavouring, upon one of those occasions, 
to escape, cut and maimed a watchman, who was 
about to apprehend him, for which John L. 
White and John Richardson were brought to trial, 
at the commencement of the Old Bailey sessions, 
December 4th, 1805, before the lord mayor, Mr. 
vol. 1. % 1 justice 



362 WHITE. 

justice Grose, Mr. baron Graham, the Recorded 
&c. Eliza Russeli a servant, at No. 36, Lambs- con- 
duit-street, said, that she heard the prisoners in tht 
area, between the 23d and 24th of September, en- 
deavouring to make a burglarious entry into her 
master's house. She therefore called in the assist- 
ance of three watchmen to apprehend them. Wil- 
liam Randall, a watchman, and the prosecutor, 
went with the other watchmen into the area of the 
house where the prisoners were standing, with 
the intention to take them into custody ; on 
which White struck him a blow on the head with 
an iron- crow, which laid his skull open 5 the other 
also aided in the assault; but they were finally 
overpowered and secured. The facts of the case 
were clearly proved, and the prisoners were found 
-^guilty. On Friday, December 6, the prisoners 
were put to the bar, and Mr. Alley, on their behalf, 
moved an arrest of judgment. He grounded this 
motion on two points, first, that the indictment 
ought to have averred, that the prosecutor intended 
to apprehend them: secondly, that Richardson, 
being present when the blow wa< given, the evi- 
dence ought not to have implicated him. Mr, 
justice Grose and Mr. baron Graham both con. 
curred in opinion, in thinking, that it was entire- 
ly a matter for the jury, and that they, by their 
verdict, had found the facts in the affirmative. 
Motion refused. John Richardson was, however, 
respited ; but John Leonard White was executed, 
pursuant to his sentence, at the Old Bailey, Febru- 
ary 5, 1S06. He appeared truly penitent 



CAMPBELL. 3^3 



APPENDIX. 



CAMPBELL*,ALEXANDER,(murderer,) 

was brevet major in the army, and a captain in the 
aist regiment, who was tried at the Armagh assizes, 
Aug, 1 3,i8o8,for the wilful and felonious murder of 
Alexander Boyd, captain in the same regiment, by 
shooting him, the said Alexander Boyd, with a 
pistol- bullet, on the 23d day of June 1807, in the 
county of Armagh, in the kingdom of Ireland. 
This murder was committed in a duel, and it is to 
be hoped that Campbell's conviction, will operate 
in a great measure to deter others from this evil 
practice 5 a practice, which though it bears the 
fins name of an affair of honour, is, in truth, a 
Jbul deed. The jury having been sworn, the case 
was opened by the counsel for the prosecution, 
who made the following admirable speech.—- 
"Gentlemen of the jury, It falls to my lot to call your 
attention to as strong a case as has ever been pre- 
sented to the consideration of a British Court ; and 
I know you too well, Gentlemen, to deem it neces- 
sary to say any thing more to you, than to give a 
simple statement of my case and its circumstances. 
It would be an injustice to your probity, as well 
as to your understanding, to address myself to 
your passions, in a case which only requires your 
reason To the prisoner at the bar, moreover, 

^ , ^ * p. ; *~*«**f* 

* This trial (too remarkable to be omitted in a work 
x)f this nature) took place after the greater part .of this 
*®lume was committed to the press, which consequently 
prevented th* insertion of it in its proper plage. 

% I z the 



$6-1 CAMPBELL. 

the necessary consequence of his condemnation by 
your sentence^ would be of a nature so fatal and 
ruinous, that I deem it ■ incumbent upon me to 
confine myself to the strict narrative, and what- 
ever may be my private feelings, to keep within 
the pale of my defence. Let rhis crowded court, 
therefore, expect nothing from me but the explica- 
tion cxf the indictment, and the calling forth the due 
arrangement of the evidence. This is the sum of 
my duty, and this I will execute to the full extent 
of my faculties l}o you, Gentlemen of the Jury, 
execute your duty likewise. As I will not allow 
myself to be swayed by reeling, so do you, on 
your part, dismiss from your minds all false hu- 
manity, all ili-grounded prejudice. Remember, 
gentlemen-— on your oaths 1 charge you to remem- 
ber—that an ill judged mercy to the guilty is an i in- 
justice to the innocent; and that if you save a mur- 
derer (if murderer he should he proved), you en- 
courage murder by the precedent of impunity: — 
Remember this, GentL nen of the Jury, and do 
your duty The circumstances of the case, Gentle- 
men of the JtfTy, are briefly as follow: The prisoner, 
Alexander Campbell, brevet major in 'he army, 
and a captain in the 21st regiment, is indicted for 
the wilful and felonious murder of Alexander Boyd, 
a captain in the same regiment, by shooting him, 
the said Alexander Boyd, "nth a pistol- bullet. Major 
Campbell and captainEoyd, gentlemen, were officers 
■in the same regiment, the 21st, and were quartered 
together in the county of Armagh, side of Newry, 
in the kingdom of Ireland. In June, 1807, the 
regiment was at Newry barracks, and the two of- 
ficers, the prisoner at the bar and the deceased, 
were with their regiment, On the 23d day o^ 
June, 1S07, the regiment was inspected by general 

Kerr ; 



CAMPBELL. 365 

Kerr; and after the inspection, as is usual upon 
such occasions, the officers dined together with the 
general in the mess-room. About eight o'clock in 
the evening the several officers retired from the mess- 
room, with the exception of major Campbell, the 
prisoner at the bar, and captain Boyd, the deceas- 
ed. A conversation then took place between these 
two gentlemen, on the manner in which major 
Campbell had been corrected in the morning by 
general Kerr, as to a particular manner in giving 
the word of command. It will appear in evidence, 
that major Campbell began this conversation by 
the following words: * General Kerr, during the 
inspection this morning, thought proper to correct 
me as to my manner of giving the word of com- 
mand. The general was most decidedly wrong, 
I gave the word right, and he should not have so 
corrected me.* Major Campbell, the prisoner at 
the bar, concluded these words by an exemplifka* 
tionof the manner in which general Kerr had cor- 
rected him. Upon which captain Boyd, the oV 
ceased, replied : ' In my opinion, neither of you 
was correct : the King's order, as it is given in 
Pundas, differs from both of you/ It will appear 
in evidence, and it is a material circumstance, that 
captain Boyd made this reply in the usual tone of 
argument ; with nothing of passion, and still less 
of insult. The prisoner then rejoined in these words ; 
« It may not be according to the King's order, but 
still I am correct*- • I am persuaded that I am correct.* 
The argument continued in this manner for some 
time longer, till captain Boyd, the deceased, said., 
a%d certainly with some warmth, but with a warmth 
very usual in argument — « You are wrong j I 
understand this matter as well as ony one.' Upon 
whiph major Campbell retorted with the same na- 
* l 3 t'ural 



366 CAMPBELL. 

tural warmth, in these words; C I doubt that 

much.* These ' were certainly warm words on 
both sides, hut, as I observed to you before, had 
"only the characteristic warmth of two men differing 
in argument after a bottle ot wine. Major Camp- 
bell, the prisoner at the bar, then got up, and 
some further retorts of the same nature were ex- 
changed between them, till captain Boyd added, 
* I know this affair better than you, and you may 
take this as you pleased Major Campbell then 
replied : * Then you say that I am wrong ? Do 
you say so 3 captain Boyd ? — -You will be pleased 
to attend -most particularly to these words* as they 
contain what the prisoner evidently understood to 
be the sum ot the provocation, and what therefore 
really constituted. it. Captain Boyd replied, ■' Yes, 
I do say ;ycu are wrong, I know that lam right, 
according to the King's order/ Now, Gentlemen 
of the Jury, it is most essentially important to 
your just veu'iict, that yea should remember 
almost attentively retain, all these words and 
this conversation. What [ have mentioned was 
all that passed between them j the whole sum and 
substance of the quarrel and of the offence on one 
side, and of the provocation on the other. What 
did thb> amount to? Why, -truly, jthat captain 
Boyd, in the natural heat of argument, and as- 
perity of opposition, asserted that major Campbell, 
the prisoner at the bar. was wrong. * .Do you say 
that I am wrong ?' said major Campbell. ( Y«s, 
I do (replied captain Boyd; ; I knovv I am right, 
according to the King's order.' Immediately 
after these words, the major left she room. I will 
here biiefiy interrupt the thread of the narrative, 
by explaining to you the importance of this point. 
The act of killing a man, by the laws of England, 

must 



CAMPBELL. 367 

must fall within one of three species, either homi- 
cide, manslaughter, or murder. Homicide is the 
simple killing, such as an accidental killing, a killing 
in self-defence, or any other justifiable case. With 
this you have nothing to do, as the case before you 
is clearly not within justifiable homicide. Man- 
slaughter is the killing a man unlawfully, but under 
that natural passion or provocation, in which the law 
presumes that a man has not the use of his reason. 
The very essence, however, of the manslaughter, 
consists in the circumstance of the passion being 
natural, and of the provocation being such as might 
naturally produce such a passion. The law is 
made under the contemplation of human infirmity, 
and not for the shelter of demoniac fury. If the 
passion naturally follow from the provocation, and 
the act from the passion, under such circumstances, 
the act of killing a man will be manslaughter 5 
but if the passion be not natural, if it be not ac- 
cording to the ordinary couise of human conduct, 
such as would follow the provocation ; in such a 
case the act of killing is murder. You see, there- 
fore, Gentlemen of the Jury, that the conversation 
which passed, and which constituted the provoca- 
tion, is a main circumstance for your consideration. 
You have to consider whether such words could 
justify the prisoner at the bar in taking away the 
life of the deceased ; I mean, could so far justify 
him, as to take the case without the legal consider- 
ation of what constitutes murder, and extenuate 
down to manslaughter. In plain words, Gentlemen 
of the jury, if I contradict a man in argument, and 
presume to sa y, You are wrong, Sir — would it be 
consistent with the ordinary course of human pas- 
sions, that he should immediately put me on the 
defence of my life ? Is such a passion reasonable, 

, is 



36S CAMPBELL. 

is it human, or is it demoniac? Is it a necessary 
result of human infirmity, or is it the . burst- 
ing malignity of a bad mind, of a mind which 
holds the life of another in indifference? I pro- 
ceed to the thread of my narrative. Captain Boyd, 
as I have told you, in reply to the words of major 
Campbell, * Do you say I am wrong?' replied, 
e Yes, I do j* upon which major Campbell retired, 
leaving captain Boyd in the mess-room. This con- 
versation took place about eight o'clock, and th« 
major, the prisoner at the bar, retired from the 
mess-room about ten or twelve minutes pa<t eight. 
Be pleased, Gentlemen, to attend to these circum- 
stances of time ; you will very soon understand their 
importance. After major Campbell had quitted 
the room at about twelve minutes past eight, at 
most not more than fifteen, captain Boyd remained 
behind, and staid about fifteen minutes more, when 
he left the room, and descended thestairs to a lower 
mess-room. This was about half pas* eight- It 
will appear in evidence, that captain Boyd, the de- 
ceased, left the room, like any other man, without 
any appearance of having any remaining passion or 
ill-will against the major or any of human kind. 
Well, Gentlemen of the jury, as captain Boyd was 
going down stairs, major Campbell, who had pre- 
viously left the room, was going up. They ac- 
cordingly met on, the stairs-head, — rboth went into 
the mess-waiter's room, a little apartment on one 
side, for the use of the servants in waiting on the 
mess. Here they remained about ten or fifteen mi«? 
miles, during which time, the challenge, as [t wo.ujd 
seem, was given, though not accepted ; but as this' 
Is npt in evidence, I mention it only as connected 
wjtfi the narrative. Upon leaving this room, cap,. 
tftin Boyd went to another rness-voom, and. there; 

informed 



CAMPBELL. 369 

informed lieutenants Hall ani Macpherson of what 
had passed. The meeting, however, as it would 
seem, was not as yet settled. Captain Boyd, the 
deceased, upon leaving the second mess-room, went 
down to the parade. A few minutesfbefore nine, 
John Hoey, the mess waiter to the 21st, was sent 
by major Campbell with a message to captain 
Boyd, seating that a gentleman wished to speak to 
him. John Hoey accordingly went upon this mes- 
sage, and found captain Boyd upon the parade. 
He delivered his message, and captain Boyd ac- 
companied him to the mess room, and afterwards, 
not finding the major there, went to a little room 
on the side. From this room the captain and the 
major withdrew to the mess-ro®m adjoining, which 
was the scene of the consequent catastrophe. John 
Hoey, who is the material witness upon this point, 
will prove by his evidence, that in a few miuutes 
after the prisoner and the deceased had retired to 
this room, he heard the report of a pistol, and with- 
in a few moments afterwards of another. John 
Hoey then went into the mess-room 5 and there saw- 
captain Boyd sitting on a chair,vomiting blood. Ma- 
jor Campbell was not then in the room, but in a few 
minutes afterwards he came up to John Hoey, and 
shewed him the holes in the wall made by the balls, 
and the distance at which they had stood asunder. 
It must appear to you, Gentlemen of the jury, from 
this statement, as it will be verified by the evidence, 
that the quarrel, such as it was, took place at about 
eight o'clock 5 that the major, the prisoner, retired 
from the mess-room about. a quarter past eight, 
and was followed by the deceased, captain Boyd, 
at about half past eight — that they met on the 
stairs, and separated— that within fifteen minutes 
afterwards captain Boyd was summoned by major 

Campbell 



370 CAMPBELL. 

Campbell, and within five minutes after entering 
the mess-room, captain Boyd received a mortal 
wound. I dwell the more particularly upon these 
circumstances, as they are necessary to explain a 
most important point, which I shall have to lay be- 
fore you. As far as we have already gone, and as 
the matter now stands, you cannot but see a duel 
within a sufficient justificatory provision, or in other 
words, a murder without excuse. No provocation 
appears but a difference of opinion, and no asperity 
but that of argument, when two persons are warm- 
ed by the concurrent stimulants of opposition and 
wine. If the case, therefore, were, even to stop 
here — if I had no further circumstances to produce, 
even under such circumstances a verdict of guilty 
of murder would be necessary, at least such is my 
opinion. But unfortunately for the prisoner at the 
bar, the case does not stop here. The justice of 
' Heaven seems to have waited upon this act, and 
nothing is wanting which is required to establish 
the guilt of the prisoner. Gentlemen, it is a me- 
lancholy task, but it is a sacred duty, which both 
you and I have to discharge. The prisoner is of a 
rank and station in life, which is rarely the object 
of penal infliction; and his connexions, respectable 
and honourable as they are, cannot but suffer 
something ; indeed too much, from what must fol- 
low his conviction. But these are con iderations 
winch do not belong to you or me. We have only 
to fix our eyes on the offence and on die offender. 
The crimes of those in the more exalted stations in 
life, must necessarily involve the disgrace of their 
families and their connexions; and this extended 
mischief should be but the stronger restraint to per- 
sons so situated. To return, however, to the nar- 
rative. — Johu Hoey found captain Boyd, the de- 
ceased, 



CAMPBELL. 3fl 

leased, In the mess room in the manner described, 
sitting in a chair, and vomiting blood, Lieute* 
Hants Hall and Macpherson were with him, assist- 
ing him in these his last moments. What now 
passed is very important, and demands your most 
fixed attention. It will be made to appear by the 
evidence of lieutenant Macpherson, that major 
'Campbell, the prisoner, seeing the deceased in a 
dying state, as described, solemnly interrogated 
him: ' Captain Boyd, on the words of a dying 
man, is every. thing fair?'— To which captain 
Boyd, the deceased, immediately replied, * Oh no, 
Campbeli, you have hurried me : you are a bad 
man.'— Major Campbell, the prisoner, seeing 
lieutenant Macpherson, and not knowing him 
from his being in coloured clothes, again put the 
same question — * Boyd, before this stranger and 
lieutenant Hall (another gentleman who was pre- 
sent), was not every thing fair?' — Captain Boyd, 
again thus solemnly and deliberately interrogated, 
again solemnly and deliberately answered, * Oh no, 
Campbell, you know that I wanted you to wait and 
have friends.* — Major Campbell, the prisoner, then 
exclaimed, ' Good God I will you not mention be- 
fore these gentlemen that every thing was fair ? 
Pid you not say that y©u were ready? — Captain 
Boyd answered, ' Yesj' but immediately after- 
wards added, « Campbell, you are a bad man.*— t 
Captain Boyd was then assisted into the next room, 
and followed by major Campbell, the prisoner, 
much agitated, repeatedly saying that captain Boyd, 
the dying man, was much the happier of the two* 
* I am an unfortunate man, but not a bad man/ 
— At length, seeing Boyd dying, he asked him if 
he forgave him j to which captain Boyd replied, 
3 I forgive you. I feel for you, and I am sure you 

9 . d# 



3/2 CAMPBELL. 

do for me.* Major Campbell, it will appear in 
evidence? then left the room, and within a few 
hours afterwards captain Boyd died* The surgeon 
of the regiment remained with captain Boyd till he 
died, during all which time the deceased never re- 
called his words, nor amended his solemn dying de- 
claration, that Campbell had hurried him 5 that he 
had refused to wait the intervention of friends ; 
that every thing Has not fair; and that Campbell 
was a bad man. This, Gentlemen of the jury, js 
the case which I have to lay before you. I am 
confident, Gentlemen, that I need not impress upon 
your minds the importance of attending most mi- 
nutely to the evidence, and most particularly to 
that part of it which I have last stated. The law 
of England, which is Botbing more than human 
reason in its' highest state of perfection, very justly 
considers the words of a dying man as sacred, as a 
declaration made, when the person so making it is 
in the contemplation of going into the presence of 
his Almighty Maker, leaving a world where he has 
no further interest or passion, and passing into the 
awful presence of his Judge, before whom he mmt 
Vindicate all the several actions of his past life. The 
law of England, Gentlemen of the jury, and human 
reason, have therefore very wisely adopted it as an 
irreversible maxim, that in such a moment a man 
cannot speak falsely 5 that his words, hiV solemn, 
his deliberate declaration, have something of the 
truth and sanctity of the Saint and of the Prophet. 
If it shall appear to you, therefore, in evidence, 
that major Campbell interrogated the captain, as 
above described, and that, thus interrogated, the 
captain so solemnly replied, that Campbell had 
hurried him ; that all was nor fair ; that he was a 
bad man — if you are of opinion, I say, that such 
8 words 



CAMPBELL. 6t* 

words were spoken on both sides, and that on 
the side of captajn Boyd they were so spoken in 
contemplation of death; in thjs case you cannot 
but find the prisoner guilty ot murder. These, 
therefore, Gentlemen, are the two main points of 
the evidence, and for your consideration. In the 
iirst place, you are to take the case as it stands by 
itself} and in the second jpiace, to superadd the con- 
sideration of the declaration of the dying man. 
if it shall be youi opinion, from the case itself, that 
major Campbell, the prisoner at the bar, conceived 
an unjustifiable passion from a slight and insuf- 
ficient piovocationj a mere difference in argument, 
and asperity of verbal opposition ; — if it shall be 
your opinion, after hearing the simple evidence of 
the case, that, under this slight and insufficient pro- 
vocation, he once or twice hastily insisted upon cap- 
tain Boyd giving him the murderous meeting, once 
when they met on the stairs head, and went into 
the mess waiter's room, and the second time, when 
John Hoey was sent by the prisoner at the bar to 
summon captain Boyd to come to him, upon which 
the captain so came, and after a conference of a few 
minutes, withdrew with the prisoner into the mess- 
room, where the duel was fought, and the fatal 
wound given : — if such, 1/ say, Gentlemen of the 
jury, be your opinion from the statement of the 
case, the consideration of the dying declaration 
cannot but confirm that opinion into the most de- 
cided conviction 5 and under such circumstances, 
you must execute your solemn duty to God and 
to your country j you must find a verdict of guilty 
of murder, and give the prisoner over to the sentence 
of the law. Gentlemen of the jury, we all know, 
that, unhappily for the best interest of society, and 
the due observance of the laws, there exist* a kind 
2 K ©f 



874 CAMPBELL. 

of thing called honour, which, contrary to all faw 
and reason, makes every man, in certain points, 
the judge and vindicator of his own wrongs. This 
honour, however false in reason, and in opposition 
to law and morals, has obtained such an unhappy- 
prevalence in human society, its rigid maintenance 
is of so much importance, and any violation of it, 
if passively suffered, attended with such serious 
evils, with the loss of reputation, and the consequent 
exclusion of the society of honourable men, that 
judges, juries, and perhaps even the law itself, as it 
exists in practice rather than its letter, take these 
circumstances into consideration, and allow them 
their due weight, considering them as constituting 
a part of the provocation of the challenger or of 
the challenged. In this point of view, where the 
provocation has been such as, amongst honourable 
men, and according to the usual feelings and inte* 
rests of such men, ordinarily leads to a duel, and 
where this duel has taken place under such heavy 
provocation, and every thing has been what' the 
same honourable men have established as the fail* 
practice ; — under such circumstances, I say, the 
humanity of judges and juries have stepped in # 
and in the contemplation of the great provo- 
cation of the consequences attending a disregard 
even of the false notions of men, has tempered the 
strict rigour of the law, and determined an affair of 
death so perpetrated to be manslaughter, iiut in 
this case, there was nothing of this extenuating kind, 
I deny that case has one single feature of extenua- 
tion belonging to it. The provocation is such, as 
even honourable; men — if I may adopt in this Court 
so loose a word as a serious appellation — the provo- 
cation, I say, is such, as no man can deem sufficient 
£or calling another man forth to the exposure of his 

life j 



CAMPBELL. 375 

life}— the provocation is such, as, if allowed to be 
justificatory of such a proceeding, even according 
to the loose code of honour, must produce daily and 
hourly murder. .Every dinner would be marked 
with a duel, and every bottle, perhaps, be followed 
by a murder. — Good Heaven ! Gentlemen of the 
jury, who would be safe, if a verbal difference — * I 
think you are wrong**- — * Do you think so **— 
* Yes"* — if such a difference as this should be deem- 
ed, even in honour, sufficient to call a man out t« 
Ms death ■> Under such a system, Gentlemen of the 
jtiry, to send a son out in the military profession, 
would be to send him out to certain murder 5 and 
1 would as soon send one of mine into the very 
centre of Africa, as send him into a profession 
where such was the understood Jaw- And as the 
provocation is insufficient, so are all the other cir- 
cumstances of what is termed fair duelling— of 
that kind of duelling, to which the practice of ju* 
iries extends something of a milder consideration 
than what by law belongs to it— so are all these 
circumstances here wanting. A man is here appa- 
rently forced to accept a challenge, and on a most 
frivolous disagreement ; he is refused the interven- 
tion of friends, and hurried to the field of slaughter. 
The killing is perpetrated without witnesses. The 
dying man, solemnly questioned if all be fair, de- 
nies that ail was fair ; asserts himself to have been 
Irarried., and that his slayer was a bad man 5 and 
that the intervention of friends had been refused. 
AH these,Qentlemtn of the jury, are circumstances 
cf murder, and not even of that kind of duelling 
which military men, and men leputed honourable, 
•feem fair. It is impossible, I should think, that 
if such a case be made out, any jury can deem.lt 
TKithin the sphere of that indulgence, that consider- 

3 K z ation- 



376 CAMPBELL. 

atton, which is usually extended by juries to human 
infirmity, and human errors,. It is impossible-, I -hould 
think, but that every man possessing reason, and hav- 
ing any connexions of his own, and any natural feel- 
ing, mast see the dreadful, the horrible mischief 
which would follow the adoption, or rather the esta- 
blishment, of such a system, in which every word 
might be death, and every look be punished by mur- 
der. Gentlemen of the jury, I shudder at thethought 
—at the bare idea— that any impunity extended to. 
such proceedings, should ever give it a general 
establishment. The indulgence of juries has, in 
my opinion, in too many cases of this kind, gone 
too far already— too far, perhaps, even for their 
oaths, and most certainly too far for the laws of the 
land. Do you, gentlemen of the jury, do your 
duty. Remember, I say, that you have a country 
to whom you owe justice; and that humanity to a 
murderer {if so the evidence shall make him out) 
is cruelty to society. The impunity of one crimi- 
nal is the encouragement, or at least the removal of 
restraint, to many You cannot suffer one murder 
to' escape with impunity, without being the occa- 
sion, perhaps, of twenty. Let me again implore 
youj therefore- — by your oaths, by your country, 
by all yon hold dear— to attend most patiently? 
most rninutdy, to the evidence about to be pro- 
duced 5 and whatever that evidence may appear to 
you,! to decide most strictly according to it. If 
the prisoner at the bar has committed murder, let 
him have the merited verdict. Mercy belongs to 
the Crown, and not to you. You have nothing ta 
do but with the facts, and to apply them to the de- 
finition of the law, as it will be stated to you by 
my Lord. I will not take up any more of your 
time. You have heard my statement, which will 

serv* 



CAMPBELL, 577 

serve to connect the evidence. It is only in this 
point of view that you must consider this state- 
ment } you must look for the case in the evidence ; 
you must decide as you find it there." The 
learned counsel then proceeded to call evidence. 
George Adams said, that about nine in the even- 
ing of the 23d of June, he was sent for in great 
haste to the deceased, captain Boyd, who since 
died of a wound he received by a pistol- bullet, 
which had penetrated the extremity of the four false 
ribs, and lodged in the cavity of the belly. This 
wound, he could take upon him to say, was the 
cause of his death. He was sitting on a chair vo- 
miting blood when witness was sent for ; he lived 
about eighteen hours afterwards. Witness staid 
with him till he died. He was in great pain, tum- 
bled and tossed about in the most extreme agita- 
tion. Witness conceived his wound to be mortal 
from the first moment he examined it. The wit- 
r,ess then stated the ciicumstances which led to the 
duel; and in so doing repeated the words of the 
learned counsel. John Hoey, mess-waiter to the 
2.1st regiment, swore, that he went with a message 
from major Campbell to captain Boyd, by means 
of which they met. Lieutenant Macpherson, sur- 
geon Nice, and others, proved the dying words of 
captain Boyd. John Gretnhill was produced to 
prove that major Campbell had time to cool after the 
altercation took place; inasmuch as he went home, 
drank tea with his family, and gave him a box 
to leave with lieutenant Hall, before the affair took, 
place. The defence set up was merely as to the cha- 
racter of the prisoner for humanity, peaceable con- 
duct, and proper behaviour: to this several officers of 
the highest rank were produced, who vouched for \$ 
to the fullest extent: namely, colonel Pateison, of the 



378 CAMPBELL. 

2 1 st regiment, general Campbell, general Graham 
Stirling, captain Macpherson, captain Menzies, 
colonel Gray, and many others, whom it was un- 
necessary to produce, the depositions of all being 
the same, and as nearly as possible in the same 
words. The learned judge, in his charge, briefly 
summed up the main points, and thus concluded. 
iA It has been very accurately stated to you by the 
counsel for the prosecution, that the illegal killing 
a man, by the law of England, must Fall within 
one of the three species — homicide, manslaughter, 
or murder ; and that with homicide you had no- 
thng to do, as the case before you was clearly nei- 
ther chance medley, self-defence, or any kind of 
justifiable homicide. The case, then, must either 
be manslaughter or murder. Manslaughter is the 
illegal killing a man under the strong impulse of 
natural pa>sion. Three qualities are necessary to 
constitute it. In the first place, the passion must 
be ©atural - y that is to say, such as is natural to 
human infirmity under the provocation given ; — 
secondly, the act must be such as the passion na- 
turally, and according to the ordinary cour>e of 
human actions, would impel — and thirdly, and in- 
deed mainly, the criminal act must be committed 
in the actual moment of the passion, flagrante ani- 
mO) as it is termed, and before the mind has time 
to cool. The act of killing, under such circum- 
stances, is manslaughter. But if any of these cir- 
cumstances are wanting; if the passion be beyond 
the provocation — beyond what the provocation 
should naturally and ordinarily produce; if the act 
be beyond the passion — beyond what the passion 
would naturally and ordinarily impel, or if it be 
not committed in the very moment of the passion, 
and before the passion either has or should have 

passed 



CAMPBELL, 379 

passed away j — in all of these cases, the act of cri- * 
SMM'jal killing is not manslaughter, but murder. 
Now to apply this to the pre>em case. — The provo- 
cation, as stated by the evidence, consisted in the 
words,.. 'Do you say I am wrong ?'• — * Yes, I do j* 
ami the manner in which those words were said. It 
remains for you, therefore,- GSntlemen of the jury, 
whether such a, provocation was sufficient f.e consti- 
tute that passion, which, under the interpretation 
of the law, would rendef the prisoner at the bar 
guciky of manslaughter only $ or whether the con- 
sequent passion was not above the provocation, and 
therefore that the prisoner is guilty of murder. You 
will consider this cooky in your own judgments, 
and will remember upon this point the evidence 
that has been given 5 that the words were certainly 
offensively spoken, but that it was in the heat of 
argument, and that by a candid explanation, as the 
evidence expressed it, the affair might not have oc- 
ewrexL You will next have to consider, whether the 
criminal act was committed in the moment, the ac- 
tual moment of the passion — or whether the prisoner 
fead rime to cool, and to- return to the use of his rea- 
son. Upon this poinf, you must keep your attention 
pore particularly fixed on that part of the evidence 
which goes to state, that major Campbell returned 
liome, took his tea, and executed some domestic 
arrangements, alter t-h'e words, and before the meet- 
ing-. If you are of opinion, either that the provo- 
cation, which I have mentioned to you, and which 
you collect from the evidence, was too slight to ex- 
cite that violence of passion which the law requires 
for manslaughter j or that, be the passion and the 
provocation what it might, still that the prisoner 
had time to cool, and return tohis reason — in either 
of these cases, you are bound upon your oaths to 

find 



880 CAMPBELL, 

find the prisoner guilty of murder. There is still 
another point for your serious consideration. It 
has been correctly stated to you by the counsel, 
that there is such a thing which is called the point 
of honour—- a principle totally false, in itself, and 
unrecognized b©th by law and morality; but which, 
from its practical importance, and the mischief at- 
tending any disregard of it to the individual con- 
cerned, and particularly to a military individual, 
has usually been taken into consideration by juries, 
and admitted as a kind of extenuation. But in all 
such ca^es, Gentlemen of the jury, there have been, 
and there most be, certain grounds for such in- 
dulgent consideration— -such departure from the 
letter and spirit cf the law. In the first place, the 
provocation must be great ; in the second place, 
there must be a perfect fair dealing — the contract 
to oppose life to life must be perfect on both sides 
*-*tfte consent of both must be full, neither of them 
must be forced into the held : — and thirdly, there 
must be something of a necessity, a compulsion, to 
give and take the meeting 5 the consequence of re- 
fusing it being the loss of reputation, and there be- 
ing no means of honourable reconciliation left. Let 
me not be mistaken on this serious point. I am 
not justifying duelling j I am only stating those 
circumstances of extenuation, which are the only 
grounds that can justify a jury in dispensing- with 
the letter of the law.— You have to consider, there- 
fore, Gentlemen of the jury, whether this case has 
thee circumstances of extenuation. You must here 
recal to your minds the words of the deceased cap- 
tain Boyd — * You have hurried me — I wanted you 
to wait and have friends — Campbell, you are a bad 
man.' These words are very important; and if 
you deem them sufficiently proved, they certainly 

do 



CAMPBELL. 381 

«fo> away all extenuation. If you think them 
proved, the prisoner is most clearly guilty of mur- 
fer'j the deceased will then have been hurried into 
$&e field ; the contract of opposing life to life could 
not have been perfect. It is important likewise, in 
this part of your consideration, that you should re- 
Tert to the provocation, and to the evidence which 
Mated, that the words were offensively spoken, so as 
not to he passed over $ but that the affair would 
set have happened, if (here had been a candid ex- 
planation. Gentlemen of the jury, you will consi- 
der these points, and make up your verdict accord- 
ingly." The jury then retired, and after remaining 
about half an hour out of court, returned with their 
verdict — Guilty of murder 5 but recommended him to 
mercy on the score of character only. Sentence of 
ffeath was immediately passed on the unfortunate 
gentleman, and he was ordered for execution on 
the Monday; but in consequence of the recom- 
mendation of. the jury, was respited till the Wed- 
nesday se'nnight. In the meantime every effort 
was made by the friends of the unfortunate man to 
procure the royal mercy. Mrs. Campbell, his lady, 
departed immediately for England, to solicit in per- 
son the royal clemency, and the grand jury of the 
county, and the jury who had found him guilty, 
presented petitions to the lord lieutenant of Dublin. 
In the mea-n time, Mrs, Campbell, his amiable 
lady, after the most incredible fatigues and exer- 
tions, had reached England, and procured her peti- 
tion to be delivered into the hands of his majesty. 
The respite expired on the 23d of August, and an 
eider was sent from Dublin castle to Armagh, for 
the execution of the unfortunate gentleman on the 
24th. His deportment during the whole of the 
melancholy iuteiyal between his condemnation and 

the 



3$2 CAMPBELL. 

the day of his execution, was manly but penitent; 
such as became a Christian towards his approaching 
dissolution. When he was informed that all efforts 
to procure a pardon had failed, he was only anxious 
for the immediate execution of the sentence. He 
had tepeatedly implored that he might be shot; 
but as this was not suitable to the forms of the 
common law, his entreaties were of course without 
success. He was led out for execution on Wed- 
nesday the 24th of August, j 1st as: the clock struck 
twelve. He was attended by Dr. Bowie, and in 
the whole of his deportment was manifest a pious 
resignation, and a penitent habit of mind. A vast 
crowd had collected around the scene of the catas- 
trophe} he surveyed them a moment, then turned 
his head towards Heaven with a look of prayer. 
As soon as he made his appearance, the whole of 
the attending guards, and such of the soldiery as 
were spectators, took off their caps; upon. which 
the major saluted ihem in turn. This spectacle was 
truly distressing, and tears and shrieks burst from 
several parts of the crowd, When the executioner 
approached to fix the cord, major Campbell again 
looked up to Heaven. There was now the most 
profound silence. The executioner seemed paralyzed 
whilst performing this last act of his duty. There 
was scarcely a dry eye out of so many thousands 
assembled. The crowd seemed thunder-struck when 
the unfortunate gentleman was at length turned off. 
Every aspect wore the trace of grief. Perhaps no 
case has ever occurred, in which the sympathy of 
the people was more strong. The soldiery, in par- 
ticular, were most strongly affected. Many a 
hard visage was softened by the descending tear. 
After hanging the usual time, the body was put 

into 



CAMPBELL— PI CTON. 383 

Into a hearse in waiting. This melancholy vehicle 
left the town immediately, to convey the last re- 
mains of the unfortunate gentleman to the family 
depositary at Ayr, in Scotland. This catastrophe 
is rendered still more piteous by the unhappy cir- 
cumstance, that Mrs. Campbell had indulged her 
hope* to the last, and left London, exactly at such 
a period of time, as to arrive in Ayr on the same 
day on which her husband's corps would necessarily 
have reached that place. 

PICTON, COLONEL THOMAS, (tortur- 
ing,) whose singular trial and conviction, though 
hitherto attended with no consequences to the de- 
linquent, are of such an interesting nature as cannot 
fail of exciting the attention of our readers. The 
ca ; ,e, however, not having been considered as imme- 
diately corresponding with the plan of our work, we 
have thought proper to reserve it as a kind of sup- 
plement. This remarkable trial (the King 'versus 
colonel Thomas Picton, on the prosecution of 
Louisa Cakieron), came on at the King's Bench, 
Monday, February 24, 1806. At nine o'clock in 
the morning, Mr. Harrison opened the pleadings in 
this case, by stating, that this was a ciiminal pro- 
secution against the defendant, Thomas Picton, 
charging him with having, in the month of Decem- 
ber, 1801, inflicted the torture upon Louisa Cal- 
deron, one of his majesty's subjects in the island of 
Trinidad, then under fourteen years of age. Mr. 
Garrow rose to address the jury. He was sorry, 
he said, that the important duty did not devolve 
upon abler hands. The removal of a learned per- 
son from this court to an exalted station, who was 
originally retained in this case, deprived them of 
the advantage of his distinguished talents, to lay 
before th>m a statement of the singular and horrid 

transaction 



384 FiCTON, 

i 

transaction which was the subject of thh prosecu- 
tion ; but though he should acquit himself zealously 
of the duty imposed upon him, to bring to light aa& 
condign punishment an offence so flagrant, s© 
fraught with innate depravity, as that charged on 
the defendant ; yet, much more happy would he be., 
to find that there was no ground upon which the 
charge could be supported $ and that the British 
character was not to be stained by the adoption of 
so cruel" a mode of punishment as that which was 
alleged in this prosecution. The defendant, Tho- 
mas Picton, was the legal representative of our sove- 
reign in the island of Trinidad, one of the Spanish 
dependencies, which had surrendered on the 17th of 
February, 1797* to the British aims, under the .com* 
mand of the late much lamented Sir Ralph Aher- 
cronvfoy. By the articles of capitulation, the laws 
which then existed in the island were to be continued 
dining his majesty's pleasure $ but they were, un- 
happily for the inhabitants, most cruelly perverted 
to gratify a savage tyrannical disposition to oppress 
his majesty's subjects ; particularly the object be- 
fore them (Miss Calderon). However strange It 
might appear, in the West India colonies, young 
women frequently became mothers at the age of 
twelve years. Louisa Calderon was at that a^e se- 
duced by Pierre Ruez, and afterwards cohabited 
with him. In the year 1801, being then just turn- 
ed thirteen years, when in the casual absence of 
Ruez, an intimacy took place between herself and 
another man, named Carlos Gonzalez, who, it was 
alleged, had robbed the house of Ruez 1 of a quan- 
tit}\ of dollars. Louisa Calderon and Gonzalez 
were both apprehended, and underwent an exami- 
nation before Mons, Beggorat, an al aide, or police 
magistrate: not being able to procure from the 

youn 



prcTON. 385 

young lady evidence of the delinquency of Gonza- 
lez, he applied to governor Picton, who gave an or- 
der on the records under the former proceedings, in 
his own hand - writing : — ' Appliqua la question a 
Louise Calderon j"* * Apply the torture to Louisa 
Calderonj' signed, Thomas Picion. Pursuant to 
this horrid mandate, this unfortunate object was 
turned over to the gaoler, who shewed her the treat- 
ment which certain negroes, accused of sorcery, di- 
vination, &c.*had undergone from a similar punish- 
ment. This not answering their intended object, 
she was fixed upon an instrument, prepared for the 
purpose, suspended by the kft wrist, with a cord 
fixed to the ceiling of the room, and resting with 
her right foot on a sharp wooden peg. In this po- 
sition, suffering the most excruciating pain, she was 
continued fifty-three or fifty four minutes, as cal- 
culated by Mons. Beggorat's watch, who, as police 
magistrate, attended the execution of this dreadful 
punishment j and not for the purpo-e of seeing whe- 
ther the delicate frame of the unfortunate victim 
should be able to endure so lengthened a torture, 
but from the notion that the English laws, and the 
laws of the island did not permit a subject to be 
longer held on the torture. This punishment not 
having proved sufficient to extort from the sufferer 
; the confession which was desire-l, twenty-tour hours 
| afterwards it was again repeated for the space of 
I twenty-two or twenty three minutes ; twice, during 
! which time, the poor girl fainted in the operation, 
j Taken from the torture, she was immediately put 
Jin irons, rather in an erect position, in a garret in 
r the gaol, wheie she could not statv.l upright, and 
|; continued i-n this horrid place of confinement for 
|; eight months. She was released but a short time 
colonel Fullarton, his majesty's first commis- 
si L sioner, 



before 



380 jictok. 

sioner, arrived, by whom she was afterwards brought 
to England. The punishment thus inflicted on the 
unfortunate giil, had been termed picketing, there- 
by assimilating it to that practised on soldiers. It 
was, however, reserved for this unworthy and despo- 
tic governor to inflict such a punishment on a weak 
female of the age of thirteen, only with this differ- 
ence, that, while the soldier had a resting place for 
his elbow, on which he might occasionally recline, 
this poor girl had nothing to support her weight 
from failing entirely on her wrist, by which she was 
suspended, except a leaning place, which she could 
with great difficulty, reach-, with her toe o'n a sharp 
ipike of wood. Such a term, applied to such a 
punishment, the learned counsel contended was a 
libel on the word picketing, to which he hoped it 
would never again be subjected, but that it would 
in future receive its real name, as arising from^the 
author and barbarous inventor of it — Picton-ing. 
It was this shocking abuse of power, that consti- 
tuted the charge now brought against colonel Pic- 
ton. The learned counsel understood, that the 
justification which was to be alleged for inflicting 
the torture was consistent with the laws of Spain. 
He would call witnesses to prove, that no such cru- 
elty had ever been before practised in the colony ; 
but even if it had, that would not amount to a jus- 
tification : — No. At the moment that any island 
was taken under the protection of the British go- 
vernment, it had long been determined that torture 
ceased, as being incompatible with British jurispru- 
dence. It was determined, ever since the time of 
Henry VI. when the Duke of Exeter, one of the 
ministers of that reign, prepared an instrument for 
the purpose of torturing to confession, Feiton, who 
had assassmaud Villiers, Duke of Buckingham, but 



v. 



PICTON. 387 

the judges of that day, to their immortal honor be 
it mentioned, declared nothing would justify the 
application of it : and the instrument is to this day 
preserved in the Tower, under the appellation of 
* The Duke of Exeter's daughter./ So far, how- 
ever, from such a practice having been warranted 
by any precedent, evidence would be adduced to 
the jury, that governor Picton wasthe first man who 
ever cursed the island of Trinidad, by ordering the 
erection of this barbarous engine for torture ! One 
had been formed by his direction, some time before 
the unfortunate person, whose sufferings had occa- 
sioned this prosecution, was subjected to its horrid 
operation, and had been used upon several negroes,, 
upon charges of sorcery and witchcraft. In conse- 
quence of the mandamus which had been issued by 
this court, much evidence had been brought from 
Tnnidad, necessary, as he supposed, for the defence 
of the governor. It now became necessary for him 
(Mr. Garrow) to call witnesses to prove the case as 
he had stated ; and among others, he would call 
Louisa Calderon herself, who would shew the jury 
some marks of the torture she had undergone. 
Louisa Calderon, a young Creole, of an interesting- 
appearance, her countenance extremely prepossess- 
ing, and very genteelly dressed, was now called. 
She seemed about sixteen years of age, and gave 
her evidence in Spanish, which confirmed what had 
been stated by Mr. Garrow. She said she was in 
Trinidad in the year 1798, and was acquainted with 
Kuez, in whose house she lived. She was with him 
at the time Picton was governor — remembered a 
robbery having been committed in the house of 
Ruez, of which a person named Carlos Gonzalez 
was suspected. He was taken up, together with 
the witness and her mother, and was carried before 
zh % govern*? 



3$$ PICTON. 

governor Picton, who ordered her to prison, under 
a guard of three soldiers. Governor Picton, when 
he ordered her to close confinement, told her, if she 
did not confess who had taken the money, he should 
order the hangman to pin his hand upon her. Wit- 
ness knew a person of the name of Beggorat, an 
alcalde, or police justice ; he came to- her in prison, 
and examined her frequently relative to therobhery 
-— De Castro, an escrivano, or notary, attended 
him. These two, together with Vallot the gaoler, 
and his negro hangman* conducted her to the room 
where the picket was erected. The learned and 
ingenious counsel now handed to the witness a 
drawing of her posture on the rack, and asked her 
if the representation was just. Witness declared it 
to be an exact representation* " This hand (added 
she, holding out her left) was tied up so (raising her 
left hand, and stretching her body); then this hand 
(holding out the right) and this foot (passing the 
left foot behind the right leg) were tied together : 
they put me first on one side and then on the other." 
Witness further declared, that the left foot was tied 
to the right hand, and the left hand was tied by a 
rope, which was made fast by a pulley to the ceil- 
ing. She stood in this attitude, with her right foot 
on a spike, the toe resting on the sharp point 
thereof, three quarters of an hour. She was drawn 
up by the rope so as to be suspended. She had seen 
two persons before who had suffered in this manner. 
The poor girl now described the effect produced 
by the torture. She said she felt a most excruciat- 
ing pain in her side and wrist, which was shock- 
ingly lacerated, and her feet very much swelled. 
She was afterwards carried to the gaoler's room, 
and from thence brought back to the one she was 
suspended in, and was then put in irons, in such a 

manner 



PICTON. 339 ! 

manner that she could not lay down, but was 
obliged to stand all night. These fetters were a 
piece of wood standing upright, with a hole in the 
lower part, having an iron bar through it. She 
was fixed to this iron bar all night 5 the bar being 
made fast to her legs with iron rings. She was put 
on the picket the next day; it was the same instru- 
ment of torture, and she suffered in the same man- 
ner as the day before. The second day she was 
kept on the instrument of torture twenty two mi- 
nutes. There was a watch placed in order to tell 
the time. Mons. Beggorat, the justice, Don de 
Castro, his clerk, Vallot the gaoler, the hangman 
his clerk, and Raphael Chandos> the alguazil, or 
constable were present. This day she was tied up 
by the right arm, and the operation reversed. She 
was drawn up by the rope the second day, so as to 
remove her foot from the spike* She could touch 
it as before, with the point of her toe. Her feet 
were naked both days, and each time she tainted 
and was totally insensible. The poor girl went on 
to describe the rest of her hard sufferings. She re- 
mained eight months in a noxious prison, during the 
whole of which she was kept in iron's, as before de- 
scribed, but does not know injiy she was liberated^ 
Colonel Fullarton, she said, arrived in the island 
after she was liberated, and she came over to Eng- 
land with his family. She has since been supported 
by the British government. Dab Raphael Cha'ndos, 
the alguazil or constable, supported f he whole of 
Louisa's testimony. He first saw her, when she was 
taken down the first time from the torture, the 
hangman was giving her a glass of wine and water. 
He delivered nearly the same zvidznct as the girl 5 
and added, that the room in which she was in irons 
for eight months by the legs, was so low that it 
% h $ wo,uld 



3go pic ton. 

would not admit of her sitting erect, but she was 
obliged tQ crouch down. He came down from the 
witness- box, and described the operation of the- tor- 
ture as applied to Louisa, who fainted twice in his 
arms;— there was no surgeon present to take care 
of her in case of accident- It appeared to the wit- 
ness, that she could not have endured it much 
longer without endangering her life. He declared, 
that he never had heard of any person being tor- 
tured in the island, before governor Picton had or- 
dered the gaoler and himself to make the instru- 
ment, to torture four or five negroes, Carlos Gon- 
zalez, he said, was obligated to pay the money, and 
was afterwards sent out of the island. Don Juan 
D 1 Montez proved Picton\s hand-writing, ordering 
Louisa Calderon to be tortured. The witness 
'came to Trinidad in the year 1793, as an assistant 
engineer, but never heard of the torture, or had 
seen it applied before it was ordered by governor 
Picton to be applied in the pi^quet guard on some 
negroes, in the year 1799, convicted on the suppo- 
sition that the poor creatures held converse with the 
devil. Here the evidence for the prosecution closed. 
Mr. Garrow stated . he had still many witnesses to 
prove that no such instrument had existence in the 
island at the time, or had ever been heard of there, 
previous to the introduction of it by the defendant. 
Mr. Dallas agreed to admit that important fact, and 
al<o that the defendant was governor of the island 
of Trinidad, as laid in the indictment. This gen-* 
tleman then addressed the jury at great length, on 
the part of the defendant. He began by statin?, 
that the situation in which he was placed, was by 
no means a matter of choice, but was attributable 
to his failure in convincing governor Picton, that 
he might have selected one more competent for his 

defence. 



. PICTON. 3€l 

defence. He did not mean to insinuate that there 
were any difficulties in the case, with which he 
feared to encounter, though it was a case not only 
novel and extraordinary, but of the highest impor- 
tance to the public, as well as to the defendant, 
whose character, he was ready to confess, would be- 
covered withdisgrace, if the facts should reluctantly 
force from the jury a verdict of guilty! He was 
persuaded, that whatever feelings the jury might 
have on the subject, they would divest themselves 
of all prejudice. The learned counsel recapitulated 
the circumstances of the case, and requested the 
jury to view it in its true colours. The punishment 
here complained of, was one sanctioned and acknow- 
ledged even by the mild laws of this country, against 
those brave men who risked their lives, and spilt 
their blood in our defence. The crime, too, of 
which Gonzalez was guilty, and which, there was 
little or no doubt (hat Louisa Calderon was an ac- 
complice, was one oi' a capital nature by the law of 
this country. It was a robbery committed in a 
dwelling-house, by or through the connivance of a 
domestic — a case which judges in this country al- 
ways felt most peculiarly distressing to encounter, 
as they could not recommend it as one attended 
with alleviating circumstances 5 but which was al- 
most uniformly expiated by an ignominious death. 
The case was not one in which coL Picton had im- 
properly or maliciously interfered. It was a com- 
plaint made to him at the government house, which 
he sent to a judge to be considered, before whom 
he allowed the law to take its due^course. This 
was particularly necessary to attend to, when it was 
considered that the defendant was charged with 
maliciously oppressing Louisa Calderon. Governor 
Picton never interfered with it till it came before 

him, 



392 PICTOK. 

him, on the suggestion of the judge, by whom the 
torture was recommended, for the application of 
which the governor was not responsible; he was only 
discharging his duty. If he was misgu ; ded as to 
the law of Spain, according to which this island was 
to be governed, still that could not be an error of 
judgment on his part, but from which malice could 
not be implied. He should be able, however, to 
shew, on the part of the defendant, that torture was 
authorised by the law of Spain, according to which, 
col. Picton had sworn to govern the island of Tri- 
nidad ; if so, the jury would be bound to acquit 
Jiim of every part of the charge. In viewing these 
points, the first thing to be considered was the place, 
which was Trinidad. — Wheie an offence was charg- 
ed to be committed. In this country, it was suffi- 
cient to state the cafe and prove the fact, by which 
the judge would be at once enabled to say, whether 
it was a crime against the law of the land. But an 
offence was committed in another country, with the 
law of which his lordship was unacquainted ; that 
made a material difference. In every case when an 
offence was committed in a foreign country, the law 
of that country, by which the offence was consti- 
tuted, rnu^t be proved. No two systems of juris- 
prudence more materially differed than those of this 
country and our colonies. To elucidate this he 
would only adduce one instance of it. Suppose a 
person with his nose slit, his arm cut off, and other- 
wise disfigured, were to apply in this country for 
redress against a governor, or other person, who in 
the island of St. Vincent, for example, had ordered 
him to be disfigured in this manner, simply for re* 
listing a constable in inflicting some punishment 
on a negro? nay, that it has been proved that by 
order of such a governor, magistrate, or justice of 

the 



PICTON. J93 

the peace, the person resisting had been put to 
death, who but would say, '* The man who has 
done this shall surely die." But when we learn 
that it is the law of these islands, that a black per- 
son resisting a constable, he is liable to have his 
nose slit, his arm cut off, and, if he has materially 
injured a white man, even to suffer death, we are 
forced to change our opinion, and to confess the 
person by whom such a sentence, however harsh it 
may seem, has been inflicted, has not acted illegally* 
far less that he had acted with a malicious motive, 
or wish to oppress. (Here the learned counsel read 
an extract of the laws enacted by the Assembly of 
St. Vincent in support of his position, but by no 
means applicable to Picton's case, because Louisa 
was a free subject, and th&se to whom the act of 
Assembly applied are slaves.) Mr. Dallas continu- 
ed — " Would any man pretend to say, that in point 
of enormity, or of the feelings of natural justice, 
there was any comparison between the case here re- 
presented, and that which now ofiered itself, arising 
out of the laws of Spain ? The situation in which 
defendant was placed, was the next circumstance 
which naturally required to be noticed. Tunsdad 
was a colony, which for many years had been sub- 
ject to Spain, though pursuing different systems of 
policy, she at one time had ordered it to be cultivat- 
ed, at another the cultivation to be suspended. 
Within the last few years of her possessing it, she 
had departed from that policy, which had almost 
throughout marked her conduct— namely, exclu- 
sion of strangers j and from not being at a great 
distance from the Spanish Main, Trinidad had be- 
come the receptacle for every disaffected runaway, 
and for every vagabond, who could contrive to 
escape from the other islands. From these circum- 
stances* 



394 picton. 

Stances, It was in a most extraordinary state, at the 
time it was captured by the late gallant Sir Ralph 
Abercromby. The defendant had been long an 
inmate in the general's family, as well as being his 
aid-de-camp, and hi* long and meritorious services 
in war had entitled him to the confidence of his 
chief, who appointed him, as the only tit person, to 
the government of Trinidad. The defendant was 
no civilian ; he had been educated in a camp, and 
if, trusting to the alcalde or justice, he had, on his 
suggestion, done what he might not of himself be 
inclined to do, it was simply an error in judgment, 
and could not be assigned to malice j — he did not 
even know that she was confined. The instructions 
he had from Sir Ralph were, to govern according to 
the existing laws. Previous to that time, an appeal 
lay from the alcalde to the Royal Audience of the 
Caraccas, and from that to Madrid, but this being 
done away when the island came to our possession, 
nothing remained for him but to follow what was 
pointed out to him as the law of Spain, by which 
the island had hitherto been governed. '* The 
learned conn el was proceeding to draw a distinction 
between express and implied malice, when he was 
interrupted by lord Ellenborough, who said, it was 
impossible to grant that sort of argument. It might 
in that way be contended, that a man might mur- 
der by mistake. Such could not go to an acquittal, 
though it might to mitigation. The question was 
•—Was the punishment unlawful, in which can the 
law inscribe malice, or was it one authorised by the 
lans of Spain ? it would be very fit, if the authori- 
ties from the Spanish law warranted it, that the 
case should be turned into a, special verdict. Mr. 
Pallas then exhibited the articles of capitulation, 
&nd Sir Ralph Abercromby *s instructions, together 

with 



pictqn. 395 

with subsequent instructions from his majesty, which 
specified, that he was to govern the island agreeable 
to the existing laws, usages, and customs of the co- 
lony, without the least deviation. Several old Spa- 
nish law books were also produced, as commenta- 
ries on the laws of Spain, particularly Bobadellia 
and Curia Philippicae, in which the doctrine of 
torture was in several places laid down a< congenial 
to the spirit of the laws of that cemtry. M Gour 
vile was called. He stated that he went to Trini- 
dad in tUe year 1774. Foulkes was then go- 
vernor, and Chacon had been eleven years 

governor before the capture. The witness had been 
an alcalde for one year during the government of 
the latter. There were always two alcaldes of the 
first and second election, but they could not pro- 
nounce judgment criminally, without appealing to. 
the governor. Mr. Gas row observed, then the go- 
vernor must be every thing, even Jack Ketch! 
The witness further stated, that to be an alcalde, 
it was not lequisite that he should either read or 
write, or even understand any thing of law, as they 
had hitherto been assisted by an auditor,. or counsel, 
but, when they cannot be so assisted, they must act 
according to their conscience; the governor is not 
in any instance permitted to interfere in their deci- 
sions. Torture had never been applied till governor 
Picton invented it, nor was the instrument known j 
but he knew the thumbs were frequently tied toge- 
ther as a punishment for slight offences, such as 
robbery. A Mr. Nugent was next called. He was 
a settler in the colony since 1786. Being asked 
what was the meaning of judge lego and imperito 5 
he said the judp-e lego is appointed by trie cabildo, 
who is not obliged to be a lawyer, but as for impe- 
ko, he did not know the meaning of it. The wit- 
ness 



5D6 pic ton. 

?sess never knew the torture applied but by governor 
Picton, and was going to give his opinion on the 
laws of Spain with respect to its legality, when Mr. 
Garrow interrupted him, by saying — " We do not 
want your opinion on laws, which you say you do 
not understand." The witness rejoined, i( My 
lord, I am an old man, and I throw myself on your 
lordships protection.'* Mr. Archy Gioster now 
stated, that he was appointed attorney-general in 
1S02, and arrived in Trinidad in the year follow- 
ing, and bad seen Spanish law books, namely, Boba- 
delii, Curia Philippicae, and Elesando, which he 
considered as authorities, when brought before him, 
as one of his majesty's council in that island, ©n 
his cross-examination by Mi. Garrow, he said, he 
only dipped into them, but not like a student. Be- 
ing requested to translate a passage, which every 
body supposed him capable of doing, as holding 
the important office of attorney- general of Trinidad, 
the first law officer and legal adviser of the governor, 
the court was astonished to rind, by his own con- 
fession, his total ignorance of the Spanish law 5 and 
that he could not understand a single word of the 
Spanish language, without the court would favour 
him with a dictionary [ His lordship and the whole 
bar viewed him with pitiful contempt. Poor- Glos- 
ter was all over between a sweat and a tremble, 
while the spectators laughed at the pitiful figure 
this pitiful afiorney-general cut in an august Bri- 
tish court of judicature, composed of the greatest 
ornaments of the bar. Mr. Dallas was silent, but 
Mr. Garrow laughed. After this farcical scene was 
over, Mr. Garrow asked him, if he. had ever heard 
oz the S ?anih Coedula, or code of laws* expressly 
formed for the island of Trinidad, and the Reca- 
piiacion des Indias, to which it had reference j he 

said, 



pictok. 397 

said, he had heard of them, but never stud led them. 
After being severely handled by the learned coun- 
sel (Mr. Garrow) he was allowed to retire, amidst the 
smiles of the court. This witness was afterwards 
twice called back, but nothing of importance passed, 
the interrogations and answers being much the same. 
Mr. Garrow produced a witness to prove, that there 
was a peculiar code of laws, composed principally of 
the laws of the Indies, entirely appropriated for the 
island of Trinidad, which excluded the torture and 
other severe modes of punishment. This witness 
was Don Pedro D 7 Vargas, who stated that he had 
been bred to the' Jaw of Spain, which he had studied 
for many years, in Santa F6, in the new kingdom 
of Grenada, and practised at the bar two years af- 
ter he was admitted an advocate. Mr. Vargas had 
resided in the Spanish American dominions from 
his infancy, had been in the Caraccas, Cuba, Porto 
Rico, and Trinidad, and in all his practice and en- 
quiries, he never knew or heard that torture form- 
ed any part of the law of the Spanish West India 
islands, which were regulated not by the laws of 
Old Spain entirely, but by a code peculiar to them- 
selves and the Indies— namely, Recapilacion de 
Leys de Indias. The witness never saw an instru- 
ment of torture in any of the Spanish American 
settlements, and did not believe it possible that the 
practice of torturing existed. There was a law in 
Old Spain, as old as the year 1260, which formerly 
authorized torture, but it had long fallen into dis- 
grace, and therefore no lawyer would consider it 
noiv as any authority. Lord Ellenborough re- 
marked, that there being here conflicting evidence, 
the case must be left to the jury to say where it pre 
ponderated. In speaking of a special verdict, his 1 
lordship apprehended, in the early stage of the pro- 
"vgl iv* % m ceeding% 



39$ .ncTotf. 

ceedings, that the defendant would have clearly 
made out,*that Trinidad was governed by the Jaw 
of Old Spain at the time of the capture, and that 
the law authorised the infliction of torture. Mr. 
Dallas adduced some additional evidence taken un- 
der a mandamus at Trinidad, but the witnesses 
Beggorat and Farfan, both alcaldes, acknowledged 
their gross ignorance of the Spanish law, and of the 
code which existed in the i>land at the time it was 
conquered, and at the same time admitted, that 
torture was never practised in Tiinidad before 
Picton became governor of it. Mr. Dallas then ad- 
dressed the jury, on the point of fact, and contend- 
ed that there was sufficient evidence that the law of 
Spain was that which existed in Trinidad at the 
time of the capture, and that the want of practice 
could not, of it-self, rescind the particular law in 
question. He also threw out some personal reflec- 
tions on the evidence and conduct of Mr. Vargas, 
on account of his being employed by colonel Fullar- 
ton as an interpreter, while in Trinidad. Mr. Gar- 
row made a most animated reply, equal, if not su- 
perior, to Cicero's celebrated speech against Verres, 
the tyrant of Sicily. The learned counsel regretted, 
jthai governor Picton should have directed his coun- 
sel to have ma !e such a defence for him, as-had 
been brought forward. He maintained, that all 
that nad ;>een advanced in his favour, left Picton 
without a shadow of excuse* because, his conduct 
was not the Result of error, as he could not for a 
moment suppose himself justified by the instructions 
of Sir Ralph Abercromby. It was folly to contend, 
that the defendant, not being a lawyer, had acted 
through ignorance. He might not be a lawyer, 
but he was an Englishman, a British governor, and 
before he exhibited his instruments of torture, he 

should 



PICTON. 390 

should have asked himself, what law of England or 
Spain authorized him to inflict on this unhappy 
young creature such unheard-of cruelties? The 
learned counsel commented at huge upon the evi- 
dence, and the manner in which it had been given 
by the witnesses} particularly Mr. Arcy Gloster, 
who, he said, went up and down the streets of Port 
of Spain, with a drum beating up for witnesses to 
justify Picton's cruelties, and at last brought home 
to this country the disgraceful harvest of his labo- 
rious researches ! Exhibiting himself as a carica- 
ture that day in his behalf, arrayed in his native im- 
pertinence, imbecility, and rgnorance ! Mr. Gar- 
row ably vindicated the character and conduct of 
Mr. Vargas, whose evidence was unquestionably 
entitled to every credit, in preference to the silly 
attorney-general of Trinidad 5 and concluded, by 
expressing his assurance, that the verdict of the 
jury would this day present a necessary example to 
other British governors, and convince the meanest 
subject, if oppressed, that he would one day have 
an opportunity of meeting his oppressor face to face, 
in a country where equal justice was impartially ad- 
ministered to the rich and the poor. Lord Elleg^ 
borough recommended to the jury to divest their 
minds of every feeling which they might have con- 
tracted in the course of the present trial, and to 
throw every part of the case out of their considera- 
tion, except that which related to the simple point 
—What was the law by which the island of Trini- 
dad was governed at the period of its capture by 
the British ? It was for the consideration of the 
jury, if the law then subsisting authoiised personal 
torture as to witnesses. By the indulgence of the 
government of this country, that the subsisting law 
was to continue, the question was, what was the 
% M z tubsistin^ 



46$ FXCTON. 

subsisting law ? The jury would attend, that it 
did not necessarily follow, because Trinidad was a 
colony of Old Spain, that it must, therefore, in every 
part, have the laws of Old Spain. It did not ori- 
ginally form any part of that country* but had been 
annexed to it, and on what terms there was no po- ' 
sitive evidence. It did not appear, that either the 
schedule peculiar to this island, or the Recapilacion, 
made any mention of torture. So, if torture did 
subsist in this island, it must be on the authority 
of the law books read to the jury, which it was for 
them to say, whether they were sufficient to satisfy 
them of that fact. It was ascertained by a person 
who had been almost all his life-time in the island 5 
by another person, who had been alcalde; by Mr. 
Nugent, who had resided in the island since the 
year 1786 ; and by a person who was a Spanish ad- 
vocate, and had known the Spanish West Indies 
from his infancy, that torture had not, to their 
knowledge, or within their recollection, ever been 
practised in the island. It was, therefore, for the 
jury to say, in absence of all positive proof of the 
subject, and in the face of so much negative evi- 
dence, if the law of Spain was so fully and com- 
pletely established in Trinidad, as to make torture 
a part of the law of that island. Without going 
thiough the authorities, his lordship thought the 
-jury might take it to be the existing law of Old 
Spain, that torture might be inflicted. It was too 
much 'to say, that a discontinuance of a practice 
could repeal a law 5 but still, it was for them to say, 
if they were convinced that torture had ever been 
part of the law of Trinidad. Our law books might 
be recognised in Jamaica, but yet it did not follow, 
that every thing in them must extend to our colo- 
lonie*. It was, therefore, for them on the whole to 

say,. 



N PJCTOK. 401 

say, if they were convinced that torture was a pait 
or* the Jaw of Trinidad at the time of its capture. 
If so, they would enter a special verdict, if other- 
wise, find the defendant guilty. The jury instantly 
found that no such law existed in Trinidad, autho- 
rising torture at the time the island was conquered. 
Lord Ellenborough observed, that if such was theic 
opinion, colonel i°icton could not derive any benefit 
from such a law; and therefore the verdict must 
be a verdict of guilty. The jury without hesita- 
tion pronounced the defendant — Guilty generally ! ! [ * 
The trial lasted till seven o'clock at night. The 
verdict gave general satisfaction. Mr. Dallas in- 
sinuated, that he should move an arrest of judgment 
— that the defendant had acted upon an error of 
judgment. Colonel Picton showed himself in court 
in the morning, but when Mr. Garrow, on the 
opening' of the case, began a history of his barbari- 
ties, he suddenly departed. Sir John Hippesley 
Cox and sir William Young were on the bench. 
In our third volume, pages 374 — 385, our readers 
will find several judicious remarks of learned au- 
thors upon the subject of torture. We shall here 
add some cursory observations relative to the pre- 
sent affair. With respect to the " Duke of Exeter's 
daughter,'" the following is Coke's definition. 
" Where the law requireth that a prisoner should 
be kept in sakua et arcta custodia, yet that muse be 
without pain or torm&nt to the prisoner. Here- 
upon two questions do arise, when or by whom the 
rack or brake in the Tower was brQUght in. To 
the first* ..John carl of Huntingdon was, by king 
Hen. Vr. created duke of Exeter^ and anno 2d 
Hen. VI. the king passed to him the office of con- 
stable ot the Tower. He, and William d« la Poole, 
4uke of Suffolk, and others, intended to have 
a M 3 brought 



402 , PICTOK. 

brought in the civil jaws. For a beginning whereof 
* the duke of Exeter, being constable of the Tower, 
fiist brought into the Tower the rack or brake al- 
lowed in many places by the civil law : and there- 
upon the rack is called the, " Duke of Exeter's 
daughter/' because he first brought it thither. To 
the second, upon this occasion, sir J. Fortescue, 
chief justice of England, wrote his book in com- 
mendation of. the laws of England, and therein pre- 
ferred the same for the government of this country 
before the civil law ; and particularly that all tor- 
tures and torment of parties accused, were directly 
against the common laws of England, and sheweth 
no inconvenience thereof by fearful example, so 
that there is no law to warrant torture in this land, 
*ior can they be justified by any prescription being 
so lately brought in. And the poet, in describing 
the iniquity of. Rhadamanthus, that cruel judge of 
hell, saith ; < ( Casdgatque, additquedolos, subigit- 
que, fated.' ' First, he punished before he heard* 
and when he had his denial, he compelled the party 
accused, by torture, to confess it. We shall now 
see what the Spanish law has to say, with respect 
to minors, which Loifisa Calderon was at the time 
she was tortured. Minors, under twenty-five years 
of age, cannot appear personally in court, but must 
appear by attorney, having first procured the father's 
licence. Even when it becomes necessary to call 
for the evidence of a minor under twenty-five years 
of age in any criminal cause 5 in order that a mi- 
nor's oath may be completely valid in law, it is ne- 
.cessary that an attorney should be present when 
sworn, without which requisite, what the minor de- 
clares will not be valid, as it is ordained in the laws 
of the Recapilacion de Castilla. When a minor 
.under twenty-five years becomes a criminal or ac- 
f complice, 



PICTON. 403 

complice, in any criminal case, before the prosecu- 
tion can proceed, the judge orders that a defender 
shall be named for the minor; and if he or she shall 
have no father, or having one, he is of that class the 
law calls desvalidos, being poor and without pro- 
tection* In this case, the judge is under the obli- 
gation, ex officio, to name a defender or counsel for 
the. minor. When the defender or counsel has ac- 
cepted of that office, and having been sworn, and 
signed the process to act well and legally in his of- 
fice of defender to the minor, and every time that 
he or she are called before the judge for examina- 
tion, due notice is given to the defender, that his 
presence may make the oath valid, and all the trasla- 
dos, as well as the contrary depositions, which shall 
be given to the criminal, are decreed by the judge 
trasiado-al-defensor, to tvhom the law allows three 
days time to answer. When the cause is substan* 
tiated, and waits the sentence, the judge can pro- 
nounce it, by consulting with a lawyer, from which 
sentence it passes vista-al-defensorj and, bylaw, 
he has the acts rive days in his power to revise 
them i and if these five days should not be suffi- 
cient for the defender to read them, by a written 
petition delivered to the judge, the judge is obliged 
by law to prorogue the time tothexlefender for five 
days mere 5 and, at the expiration of the ten days, 
the defender is obliged to return the acts to the pro- 
per escrivano, with his determination to conform 
or not, to the sentence, or appealing from it. In this 
case, the judge is obliged to admit tjie appeal, 
witfiout any power to refuse it, or enter into the 
smallest question concerning the reasons. The 
judge, after an appeal, remains without any power 
to put the sentence into execution till the decision, 
favourable or adverse, of the superior tribunal, to 

which 



04 PICTON. 

which the appeal is made, be known. If the pro- 
cess has been carried on with all the due formalities 
of the law, and the sentence pronounced conform- 
able to law, and with the advice of an assessor le- 
trado, they must wait till the tribunal of appeal 
has confirmed the sentence, and commanded it to 
be put in execution (of which notice is to be given 
to the defender). If the sentence be death, never- 
theless the defender remains the arbiter of the se- 
cond appeal to the supreme council of Castile, and 
from thence, to the foot of the throne, without any 
denial, since it is thus ordained by the laws of the 
Siete Partidas, Recapilacionde Castilla, and Curia 
Filipica, and other authors. But if the defender 
do not make the second appeal, the judge pro- 
ceeds to put the sentence in execution, as the de- 
fender is unable to proceed any further, the sentence 
being of death But if the sentence be tortuie, and 
the defender after the five or ten days holding the 
law in his power, has not appealed from it, the 
judge has it in his power to proceed to torture the 
criminal, under the formalities established by law, 
for this horrid and cruel act, which is as follows ; 
the judge issues a decree, in which he orders notice 
to be given to the jailor, to prepare the rack against 
such a day and such an hour. On the aforesaid 
day and hour a physician named by the judge must 
attend with the judge and scrivener at the place of 
torment .4 the physician is to examine the state of 
health and constitution of the criminal, and whether 
capable or not of bearing the cruel pains of the 
torture. In case the criminal is robust, the phy- 
sician must attend to the toiture to feel the pulse of 
the criminal, from time to time, to advise the judge 
whether he can bear it or not, and to administer all 
those humane helps necessary to alleviate the mise- 
i rable 



pictoN. 4G5 

rable patient i If, perchance, the criminal be a 
minor, under twenty-five years of age, he or she 
must be more than fourteen, and in this case there 
must attend the act with the judge, a physician 
and scrivener. The defender of the minor, to ap- 
peal or protest, as may be necessary, in favour of 
his client, without which formal requisites the tor* 
ment is null, and the judge, who orders it without 
all these formalities, imposed by the law for the be- 
nefit of humanity; the minor is subject by law to 
a reparation of damages, if proceeding from malice 5 
the minor condemns a tuerto y a saviendas (terms 
of law in the ancient Castellan). The judge in t*hts 
case is subject to suffer the same pains he has in- 
flicted by his illegal and arbitrary sentence. (See 
the laws de las Siete PartidasJ After having tor- 
tured the criminal, who has confessed the truth re- 
quired from him, to ma ( ke the confession valid, hav- 
ing been forced from him by the cruel pains of the 
torture, the laws command the judges that the fol- 
lowing day, or two or three days after giving the tor- 
ture, they, accompanied by the scrivener, shall be ob- 
liged to go to the prison where the criminal is,or cause 
him to be conducted to the tribural, or to a place 
where the criminal is under no dread of being tor- 
tured again, and with gentle words and good usage, 
(having first administered the oath) ask if t^he 
confession made while undergoing the torture, be 
the truth according to his conscience; or if he 
made it to be relieved from anguish. In this case 
the law ordains, that the criminal's declaration 
may be taken ; but if after the torture, this legal 
and necessary act of ratification be not complied 
with, all other proceedings in the case are null and 
void, and that they may pass two or three days be- 
tween the torture and the ratification, and the in- 
terval 



408 PALMER, 

liam Waller ; and for having, with a certain sharp 
instrument, which he held in his right hand, stab- 
bed and cut him, in and upon his head, with 
intent in so doing to kill and murder him. Wil- 
liam Waller stated, that he was a porter employed 
by Mr. Kimpton, an auctioneer, to take care of 
the house and furniture, No. 20, Manchester 
Square. He was consequently in charge of that 
liouse on the 8th of September, 1808, About four 
o'clock in the afternoon he shut up the door and 
the windows, and made them safe. He staid in 
the house till about seven o'clock 5 he went out 
then, having left the house secured ; he returned 
between the hours of eleven and twelve o'clock the 
same night. He found it the same as he left it ; 
he opened the door and went in, and locked tht 
door ; he put the chain on it ; he went up stairs 
strait forward up in the room as usual. His room 
was on the right hand garret. He went strait 
forward in the room, and pulled the sash down : 
he returned back to the bed-side, he pulled his 
coat and waistcoat off, and his handkerchief and 
shoes ; he saw the blankets and the mattrass dis- 
turbed to what he left it in the morning j he said 
to himself, he did not leave these things in this 
manner 5 he turned round and touched the latch of 
the other garret ; he had the latch in his hand, 
the prisoner at the bar catched hold of his collar. 
He was between the doors of the two garrets. He 
immediately laid hold of his collar; witness said, 
*' Lord have mercy upon me." The prisoner said, 
*' Do not speak a word, Sir, lye down on the bed, 
that is all you have got to do $" then he shoved 
witness on his breast to the bed, sideways, and 
threw him on the bed. He stood over witness, and 
frhe other man behind tiim,whom he called Josephc 

He 



PALMER. 409 

He said Joseph, d n him, fetch the pistol and 

we will blow his brains out, he will not lye still;'* 
with that witness gave him a shove, and darted to 
the window 5 then he received a blow on his head 
immediately, from the same man who had hold of 
him and pushed him. Witness fell towards the 
window, jtnd as he fell he lifted up the sash j he 
put his head out of the window, and halloed out 
murder, as loud as he could 5 the people below 
halloed out, come down and open the door - 7 he 
halloed out, he would, as quick as he could'. He 
did ; he unbolted the top holt, and unchained it, 
and the people outside shoving the door so vio- 
lently to get in, they shoved witness down j they 
knocked him backwards 5 he got up and went to 
the door, and while he stood there, the prisoner 
was standing there 5 the watchman had got him, 
'he was outside of the door. Witness saw the pri- 
soner in custody ; he knew him directly. He said 
to him, M You lascal, you are the man that hit 
me on the head.'" He never spoke to witness. The 
blow he received was with a very heavy crow, he 
could not tell what it was done with 3 the constable 
found it was done with an iron crow ; witness bled 
much and was very faint. He was attended by a 
surgeon ever since. He was not yet recovered. He 
had no doubt but that the prisoner at the bar was 
the person that struck him, the other person made 
his escape : witness could not have recollected his 
person, he only took notice of the prisoner. It 
was a moon light night,, and he was standing over 
l*im when he laid on the edge of the bed ; his face 
was about a foot, or a foot and a half from him. 
His voice was particular. He knew him after- 
wards by his person and his voice. Henry Dance, 
a- solicitor, living at No, 17, Manchester Square,, 
2 n said^ 



408 PALMER. 

liam Waller ; and for having, with a certain sharp 
instrument, which he held in his right hand, stab- 
bed and cut him, in and upon his head, with 
intent in so doing to kill and murder him. Wil- 
liam Waller stated, that he was a porter employed 
by Mr. Kimpton, an auctioneer, to take care of 
the house and furniture, No, 20, Manchester 
Square. He was consequently in charge of that 
liouse on the 8th of September, 1808, About four 
o'clock in the afternoon he shut up the door and 
the windows, and made them safe. He staid in 
the house till about seven o'clock 5 he went out 
then, having left the house secured ; he returned 
between the hours of eleven and twelve o'clock the 
same night. He found it the same as he left it 5 
he opened the door and went in, and locked th« 
door 5 he put the chain on it ; he went up stairs 
strait forward up in the room as usual. His room 
was on the right hand garret. He went strait 
forward in the room, and pulled the sash down : 
he returned back to the bed-side, he pulled his 
coat and waktcoat off, and his handkerchief and 
shoes ; he saw the blankets and th& mattrass dis- 
turbed to what he left It in the morning 5 he said 
to himself, he did not leave these things in this 
manner 5 he turned round and touched the latch of 
the other garret 5 he had the latch in his hand, 
the prisoner at the bar catched hold of his collar. 
Ke was between the doors of the two garrets. He 
immediately laid hold of his collar 5 witness said, 
* ( Lord have mercy upon me." The prisoner said, 
'*' Do not speak a word, Sir, lye down on the bed, 
that is all you have got to do ;" then he shoved 
witness on his breast to the bed, sideways, and 
threw him on the bed. He stood over witness, and 
£he other nian behmd ttim 9 whom he called Josephc 

Be 



PALMER. 409 

He said Joseph, d~ — n him, fetch the pistol and 
we will blow his brains out, he will not lye still;'* 
with that witness gave him a shove, and darted to 
the window 5 then he received a blow on his head 
immediately, from the same man who had hold of 
liim and pushed him. Witness fell towards the 
window, _and as he fell he lifted up the sash j he 
put his head out of the window, and halloed out 
murder, as loud as he could 5 the people below 
Iralloed out, come down and open the door j he 
halloed out, he would, as quick as he could'. He 
did 5 he unbolted the top bolt, and unchained it, 
and the people outside shoving the door so vio- 
lently to get in, they shoved witness down j they 
knocked him backwards 5 he got up and went to 
the door, and while he stood there, the prisoner 
was standing there $ the watchman had got him, 
he was outside of the door. Witness saw the pri- 
soner in custody ; he knew him directly. He said 
to him, " You rascal, you are the man that hit 
me on the head." He never spoke to witness. The 
blow he received was with a very heavy crow, he 
could not tell what it was done with 3 the constable 
found it .was done with an iron crow 5 witness bled 
much and was very faint. He was attended by a 
surgeon ever since. He was not yet recovered. He 
had no doubt but that the prisoner at the bar was 
the person that struck him, the other person made 
liis escape : witness could not have recollected his 
person, he only took notice of the prisoner. It 
was a moon light night, and he was standing over 
feim when he laid on the edge of the bed ; his face 
was about a foot, or a foot and a half from him. 
His voice was particular. He knew him after- 
wards by his person and. his voice. Henry Dance > 
a- solicitor, living at No. 17, Manchester Square,, 
2 n* said* 



410 PALMEK.- 

said, that on the Jth of September, about half past 
eleven, or near twelve o'clock at night, he heard a 
cry of murder several times repeated 3 on going 
into the street he perceived it appeared at the front 
garret of No. 22 ^'several persons called out to the 
man who was crying, " Can you let us into the 
house $** he said he was bleeding to death, and 
could not come down, for they would murder him. 
Four or five of the strongest people began to kick 
against the door in order to break it open ; while 
they were doing this, a man appeared behind the 
area, within the rails ; he got over them and 
jumped down in the street \ immediately witness 
supposed him to be one of the persons belonging 
to the house : witness laid his hands upon him, and 
said, what have they been doing to you; he said 
they wanted to murder the man that is in the house. 
Witness then said, who the devil are you ? he 
made no answer to that as he heard, and he was 
therefore seized by a number of people, among 
whom witne.s was one, and James Cobourn ano- 
ther, and the watchman of their street another; 
this was close to the threshold of the door ; by this 
time it appeared the people had burst open the 
door, and at the door, amongst them, was William 
Waller in his shirt, bleeding verv much indeed. 
Witness asked Waller if any person belonged to 
the house but himself j he said no, Witness said,, 
then this man must be secured. Another watch- 
man of the name of ScofielJ came up, witness gave 
him to the two watchmen, and examined the pri- 
soner very attentively, in order that he might know 
him again. James Cobourn, belonging to the 
Barrack office, and who lives in Shepherd-street, 
Manchester-square, coi robot ated this statement, 
lie was one of the persons who burst open the 
« door. 



PALMER. 411 

door, in doing which he knocked down the prose- 
cutor. He saw him bleeding and lying in the pas- 
sage. He heard Waller say, that the prisoner was 
the man who struck him. The prisoner was then 
secured, and delivered to the watchmen. George 
Ducas and William Schofield (the two watchmen) 
swore the prisoner was the man who had been 
given in charge to them. Ducas challenged him 
while the gentlemen were kicking open the door. 
He saw him in the area. Prisoner pretended that 
he belonged to the house, and that he slept below 
stairs. Henry Howard, a constable of the parish, 
said, that the next morning, while the surgeon was 
dressing Waller's wounds, he searched No. 20, 
Manchester-square, and on the two pair of stairs 
window he found an iron crow, which was pro- 
duced. Witness was desired to look at a red mark 
on it, which he thought was rust, but the jury 
were of opinion that it was blood. Benjamin Ba- 
ker, another constable, said, he searched the pri- 
soner, and found on him a bottle of phosphorus, 
matches, &c, also a paper with the following writ- 
ing, '* No. 13, Edward-street, and a house in Har- 
ley street $ No. 30, Oxford-street, and No, 20, 
Manchester-square— done." a pair of snuffers, and 
some picklock keys, were also found on him. 
Waller swore the snuffers was part of Mr. Kimp- 
ton's goods he had to take care of. James Lomon, 
the surgeon, said, that the wound on Waller's 
head was about an inch and a half in length, and 
about (the eighth part of an inch in depth ; there 
was also a small wound upon his left arm. The 
blow fell slanting upon the head and came on the 
k arm. The prisoner in his defence said, he was 
going by at the time of the noise. > He found the 
snuffers and the keys. On his coming up again 
a. N a h 



41$ PALMER. 

was seized by some people and taken to the watdi- 
house. He was quite unprepared for his trial, or 
he could have produced witnesses who knew him 
for years, particularly Gaptain Rolles of the Lion* 
and Captain Ogle, of another ship, in which he 
went to the Mediterranean. He declared he had 
only been seven months on shore. The jury, how- 
ever, found him— Guilty, Of all those who were 
capitally convicted during these sessions, Palmer 
was the only one who was ordered for execution* 
Wednesday, November 23,1808, A few weeks 
before his execution he gave evident proofs Gf his 
wicked disposition. He conceived a plan of escape, 
which would have involved him in the additional 
guilt of murder, but which he, notwithstanding, 
determined to pursue. As it was necessary to have 
assistance, he communicated his intentions to * 
fellow prisoner in a similar situation with himself, 
who gave his consent to participate in his danger, 
in the hope of sharing in his success. It was ar- 
ranged between them, to attempt their plan on the 
following Sunday, when the prisoners and the prin- 
cipal turnkeys were attending divine service, (from 
which Palmer and his associate were to excuse 
themselves on account of illness.) Their scheme 
was to assassinate the keeper in the Press-yard, in 
the first instance ; and as there was only another 
turnkey, whose station was on the inside of the 
outer gate, he was the only person who would in- 
terpose between them and their liberty, him they 
hoped to subdue by threats, and to be able to lock 
him up in a place of safety ; but in case of resist- 
ance, it would be necessary to dispose of him in the 
same manner as his comrade. In the event of the 
farther keeper being by accident on the outside of 
the gate, they were provided with rope ladders to 

seal* 



PALME.K. 413 

fcale the walls, and also with saws to release them 
from their irons. When they reached the outside, 
they expected to be received by their friends, with 
proper means to transport them quickly from their 
pursuers* The confident and companion of Pal- 
mer, not being so hardened in iniquity as himself, 
communicated in due time to J^r. Newman the 
scheme in contemplation, when a search was made, 
^and a rope ladder, with several instruments, were 
found about the bed of Palmer, and proper means 
taken for hi* better security. Finding himself 
foiled in the object which he had entertained san- 
guine hopes to accomplish, his mind was for some 
time so agitated and disturbed, that he could not 
apply himself seriously and attentively to prayer. 
As the period now approached for his execution, 
he seemed desirous to have the term extended for 
one week, to the end, he stated, that he might have 
the more time to make his peace with God, an ob- 
ject which he had hitherto neglected for schemes 
of villany and wickedness, which had ended in 
grief and disappointment. Mr* Sheriff Hunter pre- 
ferred his request to Government : it was refused. 
He therefore made the best use he could of the few 
remaining hours left him. He demeaned himself 
properly to all about him, confessed the justice of 
hjs sentence, and professed to die in charity with 
all men. In order to atone for the crimes he had 
committed, he made a full confession of every rob- 
bery and burglary he had been concerned in, which 
throws light upon vaiious transactions that might 
otherwise have for ever remained unknown, and at 
the same time these discoveries are likely to prove 
highly beneficial. On passing through the Press- 
yard'on Wednesday morning, on his way to the 
scaffold, ke invoked a basing on all his fellow 

prisoners, 



414 PALMER. 

prisoners, and requested of Dr, Ford that the cap 
might not be drawn over his face until the momast 
it was absolutely necessary. A silk handkerchief, 
which he had in his pocket for the purpose,, w^s, 
at his earnest request, tied over his eyes. He at- 
tempted to addiess the mob from the platform, brat 
his speech failed him. fie contented himself wstb 
bowing to the populace. His conduct to the h*t 
moment, on the platform, was becoming a«d pro- 
per, and such as fully accorded with the promise 
he had lattedy made* that he would die a tns© 
penitent* r 



i, L_ 


x 




END. 










» 


• fi 1 


• 








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